Terms and Conditions
These terms and conditions (the “Terms and Conditions”) constitute an agreement between you and BePro Limited (“BePro”), and govern your use of the website (the “Website”) and your submission (a “Submission”) of any material, including without limitation your comments, name, text, photographs, videos, and any other content or information (the “Content”), for use on the Website as set forth below.
By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. BePro reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must comply with [The Community Guidelines] at all times when using this Website.
Unless specified otherwise, references in this website to “BePro” shall mean BePro Limited and its subsidiaries and affiliates.
BePro has not approved or verified the accuracy of any information or Submissions posted by users of this Website including any information regarding products, performance, pricing, etc. BePro is not in any manner responsible for any Submission, and BePro does not guarantee the accuracy, integrity, or quality of the Submission. BePro cannot accept any liability for any inaccuracies or omissions in this Website and any decisions you make based on information contained in this Website are your sole responsibility. BePro does not accept liability for any direct, indirect, special, consequential or other loss or damage of whatsoever kind arising out of access to, or the use of this Website or any information contained in it. Notwithstanding the foregoing, BePro shall remain liable for any fraudulent misrepresentations contained in this Website and for any death or personal injury resulting from BePro’s negligence.
GRANT OF RIGHTS
By making a Submission of Content, you hereby grant to BePro, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited, non-exclusive, transferable, sub-licensable, royalty free right and permission to use the Submission or any part thereof, and your name, picture, likeness, voice, and biographical information and well as any other information you provide to BePro, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of developing, advertising, promotion or trade in promoting and publicising BePro and its products and services. BePro shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that BePro deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, or use in any composite form of my name, picture, likeness, voice, and biographical information.
RIGHT TO REMOVE
BePro shall have no obligation (express or implied) to post or otherwise use your Submission (or your name, picture, likeness, voice or biographical information) and BePro may at any time remove your Submission at any time and for any reason without prior notice. In addition, BePro shall have the right to prevent any person from using this website at BePro’s sole discretion.
Where BePro have provided information about BePro products on this Website all reasonable care has been taken to ensure that this information is accurate as of the date of issue of such documents. Nevertheless, such information may be affected by changes subsequent to the date of issue in the blend formulation, methods of application of any of the products referred to or in the requirements of any specification approval relating to any such products. The properties and specifications of BePro products may vary from one country to another..
REPRESENTATIONS AND WARRANTIES
You represent and warrant to BePro as follows: (a) you have fully complied with all rules, terms and conditions contained in these Terms and Conditions; (b) the statements you make or content in the Submission as well as any other information you provide to BePro reflect your honest opinions, findings, beliefs or experiences; (c) you are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to BePro the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”; (d) you have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by BePro, will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. In addition, the Submission does not contain any content: (a) that is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable; (b) that promotes hatred or physical harm of any kind against any group or individual; (c) anything that is derogatory to members of a particular race, nationality, sex, sexual orientation or religion; (d) that promotes illegal activity; or (e) that contains any advertising or other commercial content.
You understand and agree that when using the Website, you will be exposed to content posted or submitted by users (collectively, “User-Generated Content”), and that BePro is not in any manner responsible for the User-Generated Content, and that BePro does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User-Generated Content, and that BePro cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User-Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User-Generated Content on the Website, BePro is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User-Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User-Generated Content are not necessarily those of BePro or its affiliated or related entities or content providers.
You hereby agree to defend, indemnify and hold BePro, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by BePro and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
NON PERSONAL INFORMATION
Other than in respect of personal information which will be treated in accordance with the Privacy Statement that appears in this Website, if you provide information to BePro, you agree that BePro has unlimited rights to such information and that BePro may use such information in any way BePro chooses. Such information shall be deemed to be non-confidential.
These Terms and Conditions constitute the entire agreement between you and BePro. These Terms and Conditions and the relationship between you and BePro shall be governed by the laws England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of your use of this website.
BePro’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.