Terms and Conditions
These Terms and Conditions of Use (the “Terms of Use”) apply to the Bini Products,
hereby referred to as Binifresh (“Binifresh”), web site located at www.binifresh.com,
and all associated sites linked to www.binifresh.com by Binifresh, its subsidiaries
and affiliates, including Binifresh sites around the world (collectively, the “Site”).
The Site is the property of Binifresh and its licensors. BY USING THE SITE, YOU
AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Binifresh reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility to
check these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the changes.
As long as you comply with these Terms of Use, Binifresh grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”), including
but not limited to the design, structure, selection, coordination, expression, “look
and feel” and arrangement of such Content, contained on the Site is owned, controlled
or licensed by or to Binifresh, and is protected by trade dress, copyright, patent
and trademark laws, and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any
other computer, server, Web site or other medium for publication or distribution
or for any commercial enterprise, without Binifresh’s express prior written consent.
You may use information on Binifresh (such as data sheets, knowledge base articles,
and similar materials) purposely made available by Binifresh for downloading from
the Site, provided that you (1) not remove any proprietary notice language in all
copies of such documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such information,
and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any Binifresh
server, or to any of the services offered on or through the Site, by hacking, password
“mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected
to the Site, nor breach the security or authentication measures on the Site or any
network connected to the Site. You may not reverse look-up, trace or seek to trace
any information on any other user of or visitor to the Site, or any other customer
of Binifresh, including any Binifresh account not owned by you, to its source, or
exploit the Site or any service or information made available or offered by or through
the Site, in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than your own information,
as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to Binifresh on or through the
Site or any service offered on or through the Site. You may not pretend that you
are, or that you represent, someone else, or impersonate any other individual or
entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited
by these Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of Binifresh or others.
Purchases; Other Terms and Conditions
Binifresh’s obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on this
Site should be construed to alter such agreements.
Binifresh may make changes or to the applicable prices of any products offered on
the Site, at any time, without notice. The materials on the Site with respect to
products and services may be out of date, and Binifresh makes no commitment to update
the materials on the Site.
Privacy
Binifresh’s Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference. To view Binifresh’s Privacy Policy,
click on the Privacy Policy link on the Site homepage. Additionally, by using the
Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the
Site may be read or intercepted by others, even if there is a special notice that
a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Binifresh Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under Binifresh's control, and Binifresh is not responsible
for and does not endorse the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Disclaimers
BINIFRESH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON
THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BINIFRESH CANNOT ENSURE THAT ANY FILES
OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION
OR DESTRUCTIVE FEATURES. BINIFRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. BINIFRESH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR
USE OF THE SITE AND/OR ANY BINIFRESH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BINIFRESH FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH
CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether for breach
of contract, tort, negligence or any other cause of action.
Binifresh reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion
of the Site, for any reason; (2) to modify or change the Site, or any portion of
the Site, and any applicable policies or terms; and (3) to interrupt the operation
of the Site, or any portion of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Binifresh be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages, including
lost profits, even if Binifresh has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Binifresh is found
to be liable to you for any damage or loss which arises out of or is in any way
connected with your use of the Site or any Content, Binifresh’s liability shall
in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability,
so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Binifresh, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys’
fees), made against Binifresh by any third party due to or arising out of or in
connection with your use of the Site.
Violation of These Terms of Use
Binifresh may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify, contact or bring legal
action against someone who may be causing injury to or interference with (either
intentionally or unintentionally) Binifresh’s rights or property, or the rights
or property of visitors to or users of the Site, including Binifresh’s customers.
Binifresh reserves the right at all times to disclose any information that Binifresh
deems necessary to comply with any applicable law, regulation, legal process or
governmental request. Binifresh also may disclose your information when Binifresh
determines that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Binifresh may preserve any transmittal or communication
by you with Binifresh through the Site or any service offered on or through the
Site, and may also disclose such data if required to do so by law or Binifresh determines
that such preservation or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond to claims that any such
data violates the rights of others, or (4) protect the rights, property or personal
safety of Binifresh, its employees, users of or visitors to the Site, and the public.
You agree that Binifresh may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine
that you have violated these Terms of Use or other agreements or guidelines which
may be associated with your use of the Site. You also agree that any violation by
you of these Terms of Use will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Binifresh, for which monetary damages would be
inadequate, and you consent to Binifresh obtaining any injunctive or equitable relief
that Binifresh deems necessary or appropriate in such circumstances. These remedies
are in addition to any other remedies Binifresh may have at law or in equity.
You agree that Binifresh may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes (but is not limited to) (1) requests
by law enforcement or other government agencies, (2) a request by you (self-initiated
account deletions), (3) discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected technical issues or problems.
If Binifresh does take any legal action against you as a result of your violation
of these Terms of Use, Binifresh will be entitled to recover from you, and you agree
to pay, all reasonable attorneys’ fees and costs of such action, in addition to
any other relief granted to Binifresh. You agree that Binifresh will not be liable
to you or to any third party for termination of your access to the Site as a result
of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United Kingdom without regard
to its conflicts of laws provisions. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action arises, or such claim or cause
of action is barred. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to costs
and attorneys’ fees. In the event of any controversy or dispute between Binifresh
and you arising out of or in connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty (30)
days), then either party may submit such controversy or dispute to mediation. If
the dispute cannot be resolved through mediation, then the parties shall be free
to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Binifresh administers and operates the www.binifresh.com Site from various location
in the United States and the United Kingdom; other Binifresh sites may be administered
and operated from various locations outside the United Kingdom. Although the Site
is accessible worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in all
geographic locations, or appropriate or available for use outside the United Kingdom.
Binifresh reserves the right to limit, in its sole discretion, the provision and
quantity of any feature, product or service to any person or geographic area. Any
offer for any feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United Kingdom, you do so on your
own initiative and you are solely responsible for complying with applicable local
laws.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Binifresh
shall be free to use such information on an unrestricted basis.