TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
1.1. The website located at https://www.belleful.com/
(the "Website") and any Belleful mobile application (the “App”) and the
content available via the Website and the App, or our emails (the "Content")
are distributed by Belleful.com Media Limited ("we", "us", "our" or the
"Company"). The Website, together with the App and the Content, tools,
transactions and other services available by using the Website and the App,
are collectively referred to as the "Service".
1.2. Your access and use of the Service constitutes your agreement to be
bound by these Terms and Conditions of Use (the "Terms"), which establishes
a legally binding contractual relationship between you and the Company. For
this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy.
The terms of the Privacy Policy and other supplemental terms, policies or
documents that may be posted on the Service from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms at any time
and for any reason.
1.4. Unless otherwise expressly provided herein, we will alert you about any
changes by updating the "Last updated" date of these Terms and you waive any
right to receive specific notice of each such change.
1.5. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 5), LIMITATION
OF LIABILITY (SECTION 6).
1.6. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT
ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS
OR USE THE SERVICE.
2. SERVICE
2.1. You acknowledge that all the text, images, marks, logos,
compilations (meaning the collection, arrangement and assembly of
information), data, other content, software and materials displayed on
the Service or used by the Company to operate the Service (including the
Website and the Content and excluding any User Content (as defined
below)) is proprietary to us or to third parties.
2.2. The Company expressly reserves all rights, including all
intellectual property rights, in all of the foregoing, and except as
expressly permitted by these Terms, any use, redistribution, sale,
decompilation, reverse engineering, disassembly, translation or other
exploitation of them is strictly prohibited. The provision of the
Service does not transfer to you or any third party any rights, title or
interest in or to such intellectual property rights.
2.3. The information you submit to us as part of your use of our
Website, and any data, text and other material that you may submit or
post to us ("User Content") remain your intellectual property, and the
Company does not claim any ownership of the copyright or other
proprietary rights in such registration information and the User
Content. Notwithstanding the foregoing, you agree that the Company may
retain copies of all registration information and the User Content and
use such information and the User Content as reasonably necessary for or
incidental to its operation of the Service and as described in these
Terms and the Privacy Policy.
2.4. You grant the Company the non-exclusive, worldwide, transferable,
perpetual, irrevocable right to publish, distribute, publicly display
and perform the User Content in connection with the Service.
2.5. Subject to these Terms, the Company grants you a non-transferable,
non-exclusive, license (without the right to sublicense) to use the
Service solely for your personal, non-commercial purposes.
2.6. You agree, and represent and warrant, that your use of the Service,
or any portion thereof, will be consistent with the foregoing license,
covenants and restrictions and will neither infringe nor violate the
rights of any other party or breach any contract or legal duty to any
other parties. In addition, you agree that you will comply with all
applicable laws, regulations and ordinances relating to the Service or
your use of it, and you will be solely responsible for your own
individual violations of any such laws.
2.7. We retain the right to implement any changes to the Service
(whether to free or paid features) at any time, with or without notice.
You acknowledge that a variety of Company's actions may impair or
prevent you from accessing the Service at certain times and/or in the
same way, for limited periods or permanently, and agree that the Company
has no responsibility or liability as a result of any such actions or
results, including, without limitation, for the deletion of, or failure
to make available to you, any content or services.
2.8. Your access to and use of the Service is at your own risk. The
Company will have no responsibility for any harm to your computing
system, loss of data, or other harm to you or any third party,
including, without limitation, any bodily harm, that results from your
access to or use of the Service, or reliance on any information or
advice.
2.9. The Company has no obligation to provide you with customer support
of any kind. However, the Company may provide you with customer support
from time to time, at the Company's sole discretion.
3. THIRD PARTY ADS, OTHER USERS
3.1. The Service may contain links to third party websites or resources
and advertisements for third parties (collectively, "Third Party
Ads").
Such Third Party Ads are not under the control of the Company and the
Company is not responsible for any Third Party Ads.
The Company provides these Third Party Ads only as a convenience and
does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Ads. Advertisements and
other information provided by Third Party Sites Ads may not be wholly
accurate. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
When you link to a third party site, the applicable service provider's
terms and policies, including privacy and data gathering practices
govern. You should make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any third
party.
Your transactions and other dealings with Third Party Ads that are found
on or through the Service, including payment and delivery of related
goods or services, are solely between you and such merchant or
advertiser.
3.2. Each user of the Service is solely responsible for any and all his
or her User Content. Because we do not control the User Content, you
acknowledge and agree that we are not responsible for any User Content
and we make no guarantees regarding the accuracy, currency, suitability,
or quality of any User Content, and we assume no responsibility for any
User Content.
Your interactions with other Service users are solely between you and
such user. You agree that the Company will not be responsible for any
loss or damage incurred as the result of any such interactions. If there
is a dispute between you and any Service user, we are under no
obligation to become involved.
3.3. You hereby release us, our officers, employees, agents and
successors from claims, demands any and all losses, damages, rights,
claims, and actions of any kind including personal injuries, death, and
property damage, that is either directly or indirectly related to or
arises from any interactions with or conduct of any other Service users,
or any Third Party Ads.
4. USER REPRESENTATIONS AND RESTRICTIONS
4.1. By using the Service, you represent and warrant that: you have the
legal capacity and you agree to comply with these Terms; you are not
under the age of 16; you will not access the Service through automated
or non-human means, whether through a bot, script or otherwise; you will
not use the Service for any illegal or unauthorized purpose; you are not
located in a country that is subject to a U.S. government embargo, or
that has been designated by the U.S. government as a "terrorist
supporting" country; you are not listed on any U.S. government list of
prohibited or restricted parties; and your use of the Service will not
violate any applicable law or regulation.
4.2. If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to refuse any and all current
or future use of the Service (or any portion thereof).
4.3. You may not access or use the Service for any purpose other than
that for which we make the Service available. The Service may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
4.4. As a user of the Service, you agree not to: systematically retrieve
data or other content from the Service to create or compile, directly or
indirectly, a collection, compilation, database, or directory without
written permission from us; make any unauthorized use of the Service;
make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the Service; use the Service for
any revenue generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; make the Service available
over a network or other environment permitting access or use by multiple
devices or users at the same time; use the Service for creating a
product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the Service; use any
proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices
for use with the Service; circumvent, disable, or otherwise interfere
with security-related features of the Service; engage in unauthorized
framing of or linking to the Service; interfere with, disrupt, or create
an undue burden on the Service or the networks or services connected to
the Service; decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the
Service; attempt to bypass any measures of the Service designed to
prevent or restrict access to the Service, or any portion of the
Service; upload or distribute in any way files that contain viruses,
worms, trojans, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Service, or using or launching any unauthorized script
or other software; use the Service to send automated queries to any
website or to send any unsolicited commercial e-mail; disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Service; use
the Service in a manner inconsistent with any applicable laws or
regulations; or otherwise infringe these Terms.
5. DISCLAIMER OF WARRANTIES
THE SERVICE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED
"AS IS" AND "AS AVAILABLE". THE SERVICE, CONTENT AND OTHER ASPECTS OF
THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY
ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED.
THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT
WARRANT THAT:
- 👉 THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT;
- 👉 THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE;
- 👉 ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- 👉 THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- 👉 ANY RESULT OR OUTCOME CAN BE ACHIEVED.
6. LIMITATION OF LIABILITY
6.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE
TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE
SERVICE OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE
(INCLUDING THE SERVICE, CONTENT AND USER CONTENT), AND THIRD PARTY ADS
ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA
RESULTING THEREFROM.
6.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE
THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL
CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OR SERVICE IS
LIMITED TO USD100.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
6.3. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
7. INDEMNITY
You agree to indemnify and hold the Company, its successors,
subsidiaries, affiliates, any related companies, its suppliers,
licensors and partners, and the officers, directors, employees, agents
and representatives of each of them harmless, including costs and
attorneys' fees, from any claim or demand made by any third party due to
or arising out of (i) your use of the Service, (ii) your User Content,
or (ii) your violation of these Terms.
The Company reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written
consent of the Company. The Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware
of it.
8. INTERNATIONAL USE
The Company makes no representation that the Service is accessible,
appropriate or legally available for use in your jurisdiction, and
accessing and using the Service is prohibited from territories where
doing so would be illegal. You access the Service at your own initiative
and are responsible for compliance with local laws.
9. GOVERNING LAW
9.1. These Terms shall be governed in accordance with the laws of the
Republic of Nigeria.
9.2. Any dispute arising out of or in connection with these Terms,
including any question regarding its existence, validity or termination,
shall be referred to and finally resolved by arbitration under the
Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria.
The number of arbitrators shall be one.
The seat of arbitration shall be Lagos, Nigeria. The language to be used
in the arbitral proceedings shall be English.
10. MISCELLANEOUS PROVISIONS
10.1. No delay or omission by us in exercising any of our rights
occurring upon any noncompliance or default by you with respect to these
Terms will impair any such right or be construed to be a waiver thereof,
and a waiver by the Company of any of the covenants, conditions or
agreements to be performed by you will not be construed to be a waiver
of any succeeding breach thereof or of any other covenant, condition or
agreement hereof contained.
10.2. If any provision of these Terms is found to be invalid or
unenforceable, then these Terms will remain in full force and effect and
will be reformed to be valid and enforceable while reflecting the intent
of the parties to the greatest extent permitted by law.
10.3. Except as otherwise expressly provided herein, these Terms set
forth the entire agreement between you and the Company regarding its
subject matter, and supersede all prior promises, agreements or
representations, whether written or oral, regarding such subject
matter.
10.4. The Company may transfer or assign any and all of its rights and
obligations under these Terms to any other person, by any way, including
by novation, and by accepting these Terms you give the Company consent
to any such assignment and transfer.
You confirm that placing on the Service of a version of these Terms
indicating another person as a party to the Terms shall constitute valid
notice to you of the transfer of Company's rights and obligations under
the Agreement (unless otherwise is expressly indicated).
10.5. All information communicated on the Service is considered an
electronic communication. When you communicate with us through or on the
Service or via other forms of electronic media, such as e-mail, you are
communicating with us electronically.
You agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if
they were in writing and signed by the party sending the
communication.
10.6. In no event shall the Company be liable for any failure to comply
with these Terms to the extent that such failure arises from factors
outside the Company's reasonable control.
11. CONTACT
If you want to send any notice under these Terms or have any questions
regarding the Service, you may contact us at: info@belleful.com
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE. Last Updated: 4 JULY, 2021