By continuing to access and use the “KAJ EXPRESSIONS WHATSAPP BUSINESS ESSENTIALS” digital course, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, DO NOT access the course or use its content.

 

END USER LICENSE AGREEMENT

Terms and Conditions of Use & Privacy Policy

 

This Agreement relates to your access to and use of this digital course and/or the accompanying services, including any mobile application, as well as Updates (“The Course”) in connection with which you are accepting this Agreement, and any related Documentation. In this Agreement, “Developer” means KAJ EXPRESSIONS LIMITED, a corporation duly incorporated under the laws of Belize, its agents and/or servants, being the provider of The Course to you; “Documentation” means any user manuals and instructions provided with The Course; and “Applicable Conditions” means collectively these Conditions of Use and Service Terms together with the any other transaction terms, conditions and documents you accepted when you acquired The Course, as well as the other limitations described within this Agreement.

Developer may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your access and/or use of The Course at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Developer may require that you accept the amended Agreement in order to continue using The Course. If you decline to accept the amended Agreement, Developer may terminate your use of The Course.

 

1. License

 

1. Developer grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the course solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

 

2. This license does not include any resale or for-profit use of The Course, or its contents; any collection and use of any materials, descriptions, or prices; any derivative use of The Course or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

 

3. All rights not expressly granted to you in this Agreement are reserved and retained by Developer or its licensors, suppliers, publishers, rightsholders, or other content providers.

 

1. Restrictions On Usage and Access

 

 

1. The Course, nor any part of any of it, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Developer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Course without express written consent.

 

2. You may not use any meta tags or any other "hidden text" utilizing Developer's name or trademarks without the express written consent of Developer.

 

3. You may not misuse The Course. You may use The Course only as permitted by law and by this Agreement.

 

4. The licenses granted by Developer terminate if you do not comply with this Agreement.

 

• Ownership Rights

 

1. The Course and any documentation owned by Developer in relation thereto are the intellectual property of Developer and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the jurisdiction in which The Course is being used, notwithstanding where access and use occurred.

 

2. To the extent you provide any comments or suggestions about The Course to Developer, you grant Developer the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.

 

3. Except as stated in this Agreement, your possession and use of The Course does not grant you any rights or title to any intellectual property rights in The Course or Documentation.

 

4. All rights to The Course and any documentation owned by Developer in relation thereto, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Developer.

 

1. Third-Party Integrations

 

1. Developer, in providing The Course, may require that you acquire or use software, services and other products supplied by third parties. You acknowledge that the applicable third party is solely responsible for its offerings and Developer makes no representations or warranties concerning those offerings and accepts no liability with respect to them, and if you acquire or use any of these third party offerings, the offerings and your use of them will be governed by any license agreements, terms of use, privacy policies and/or other terms and conditions required by the third party.

 

1. Disclaimers and Limitation of Liability

 

1. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEVELOPER OR ANY COMPANY THAT CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH DEVELOPER OR THEIR RESPECTIVE AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK OR SYSTEMS ANY VERSION IS PROVIDED, OR ANY OTHER BUSINESS PARTNER OF ANY MEMBER OF THE DEVELOPER GROUP (COLLECTIVELY, THE “DEVELOPER PARTNERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

 

1. ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY;
2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE (INCLUDING THE COURSE), WASTED EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
3. ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THE COURSE ACCESS PROVIDED HEREUNDER;

 

EVEN IF THE DEVELOPER OR DEVELOPER PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

 

2. THE DEVELOPER AND ANY DEVELOPER PARTNERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE COURSE.

 

3. THE COURSE IS PROVIDED “AS IS” AND THE DEVELOPER AND ANY DEVELOPER PARTNERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

4. DEVELOPER DOES NOT WARRANT THAT THE OPERATION OF THE COURSE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE COURSE WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT THE COURSE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

 

5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, THE DEVELOPER OR DEVELOPER PARTNER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, DEGRADATION, UNAVAILABILITY, ERASURE, THEFT, DESTRUCTION, ALTERATION, DISCLOSURE OR LOSS OF ANY DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR IN CONNECTION WITH THE COURSE REGARDLESS OF THE CAUSE.

 

6. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF THE DEVELOPER AND DEVELOPER PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR:

 

1. DEATH, PERSONAL INJURY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS; AND
2. ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.

 

1. Privacy Policy

 

1. In relation to User information, provided to The Course either manually or automatically:

 

1. Developer receives and stores any information you enter on or provide to The Course. You can choose not to provide certain information, but this may prevent you from being able to take advantage of some features. Developer may use the information that you provide for such purposes as responding to your requests, customizing future recommendations for you, improving services, and communicating with you.

 

1. Developer receives and stores certain types of information whenever you interact with The Course.

 

1. When you download or use The Course, Developer may receive information, through your own manual entry or analytics provided by a third party.

 

1. Developer may employ other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, offering gift cards and vouchers, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

 

2. Developer releases account and other personal information at its sole discretion when it is appropriate to comply with the law; enforce or apply this Agreement or other applicable terms and agreements; or protect the rights, property, or safety of Developer, its users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

 

• Disputes

 

1. In the event of a Dispute, you must provide Developer with a notice of Dispute, which is a written statement of your name, address and contact information, the facts giving rise to the Dispute, and the relief requested by you. You must send any notice of Dispute by email, and/or registered mail to Developer with subject line “Notice of Dispute- KAJ EXPRESSIONS WHATSAPP BUSINESS ESSENTIALS Course” at the address listed under “Notices” at VII(3.) of this Agreement.

 

2. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action, “Fiat to Prosecute” action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

 

3. If you and Developer do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration, which shall be conducted in Belize in accordance with the Arbitration Act, subsidiary rules and/or regulations, or any other applicable statutory provision for arbitration. The UNCITRAL Arbitration Rules shall be used in the absence of applicable provisions being provided under Belize law.

 

4. The written decision of the arbitrator shall be final and binding and enforceable under the laws of Belize, having jurisdiction over the parties and the subject matter of the arbitration.

 

5. Notwithstanding the foregoing, this section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

 

6. The arbitration requirement of this section is subject to the exception that all Disputes concerning any alleged misappropriation of your or Developer’s intellectual property will be resolved in court.

 

7. If one or more parts of this section are found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then, and only in that circumstance, those parts will be severed and the Dispute will be resolved subject to all remaining parts of this section and all other provisions of this Agreement. If such severance results in all or some parts of a Dispute proceeding in a court of law, exclusive jurisdiction for any such court proceeding will be the Supreme Court sitting in Belize, Central America.

 

8. For purposes of any court proceeding, you consent to, and will not challenge, the jurisdiction of Belize’s courts over you, and you further waive objection based upon improper venue or forum non conveniens and will not seek transfer to another court or jurisdiction.

 

• General

 

1. Internet connection. Use of The Course may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.

 

2. Product names. Developer from time to time may change the name of The Course, or change the name or logo applied to The Course completely or change to the name or logo of the Developer or a Developer Partner. These changes do not alter your agreement to Applicable Conditions for The Course, or this Agreement, and do not give you any right to terminate your subscription for The Course, or this Agreement.

 

3. Developer may at any time deliver any notice to you via electronic mail, pop-up window, dialog box or other means, even though in some cases you may not receive the notice unless and until you launch The Course. Any such notice will be deemed delivered on the date Developer first makes it available through The Course, irrespective of when you actually receive it. Notice to Developer:

KAJ EXPRESSIONS LIMITED

Calla Creek Village

Cayo District

Belize, C.A.

 

Email: [email protected]

Telephone: (501) 615-4828

4. Separate Agreements. If you acquired two or more of The Course accounts, even in a single transaction, or you acquired accounts in different capacities, you may have accepted this End User License Agreement multiple times. Although the terms and conditions you accepted may be similar or identical, each time you accepted the terms and conditions of this End User License Agreement you entered into a different and separate agreement between you and the Developer providing the applicable The Course.

 

5. Entire Agreement. This Agreement constitutes the entire agreement between you and Developer relating to your use of The Course. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, statements, warranties and representations with respect to your installation and/or use of The Course. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract. This Agreement and all Applicable Conditions, to the greatest extent reasonably practicable, will be construed to be consistent with each other, but in the event of a conflict they will govern in the following order of precedence: (i) this Agreement and (ii) Other Applicable Conditions.

 

6. The headings in this Agreement do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. The words “includes” and “including” will be construed as followed by the words “without limitation.” Any reference to “use” of any software, The Course or Update by you shall be deemed to include any installation of any such software, The Course or Update by you (unless the context otherwise requires). This Agreement was originally prepared in the English language. Although Developer may provide one or more translated versions of this Agreement for your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the terms of this Agreement will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

 

7. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any applicable laws, it shall to that extent be deemed not to form part of this Agreement but the remainder of this Agreement will remain valid and enforceable to the greatest extent permitted by applicable law.

 

8. Impossibility/Force Majeure. Developer will not be liable for any failure or delay in performance, due in whole or in part, to utility failures (including power), failure of the internet, failure of telecommunications or information technology services, failure of telecommunications or information technology equipment, strikes or other labor disturbances (including without limitation a strike or other labor disturbance arising in respect of the Developer or any Developer Partners), acts of war or terror, denial of service attacks or other information technology attacks or breaches affecting the Developer or any Developer Partner, floods, sabotage, fire, other natural disasters or Acts of God, or any other cause beyond the Developer’s or Developer Partner’s reasonable control.

 

9. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance with this Agreement, and the terms, conditions and provisions of this Agreement shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision of this Agreement by the other party shall not be construed as a continuing waiver of such breach or as a waiver of other breaches of the same or of other provisions of this Agreement.

 

10. You may not assign your rights or obligations under this Agreement without the prior written consent of Developer. Developer may assign this Agreement at any time in its sole discretion without any prior written consent by you.

 

11. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any person other than you, the Developer and Developer Partners, any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. No person other than you and the Developer may bring a cause of action pursuant to this Agreement.  Developer will be entitled (but not obligated) to enforce any rights, remedies, limitations and exclusions of liability, and legal defenses of any the Developer or Developer Partner under this Agreement, including any rights and remedies for any loss, damage or claim suffered or incurred by the Developer or Developer Partner: (i) arising from or in connection with any failure by you to comply with any term or condition of this Agreement; or (ii) you are required to indemnify under this Agreement.  No such loss, damage or claim will be deemed excluded as indirect, consequential or incidental loss or damage as a result of such loss, damage or claim having been suffered or incurred by Developer Partner rather than by Developer.

 

12. Governing Law. The governing law of this Agreement will be the substantive laws of Belize, Central America. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded, to the extent that any domestic ratification and adaptation thereof in the laws of Belize shall be recognized.

 

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