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The following contract (“the Agreement”) outlines the terms and conditions that apply to your use of the Betterspot device and its website (“the Device”). This Agreement constitutes a legally binding contract between an individual user ("You") and RAM CAN Enterprizes Inc. ("Betterspot"). By purchasing, ordering, pre-ordering or otherwise acquiring the Device or any other related product, you agree and acknowledge that you have read and accepted this Agreement in its entirety and adhere to and are bound by its terms.
It is your sole responsibility to carefully read all the terms and conditions of this Agreement before using the Device. If you do not agree with any or all of the provisions included in this Agreement, you shall not have the right to use the Device, and you must destroy or return all Devices at your disposal.
BY DOWNLOADING, INSTALLING, AND USING BETTERSPOT, YOU ACCEPT THAT YOU ARE 21-YEARS OF AGE OR OLDER. YOU ALSO ACCEPT TO COMPLY WITH ALL PROVISIONS OF THIS AGREEMENT IN ITS ENTIRETY.
Betterspot grants you a non-exclusive, non-transferable right to use the Device, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Betterspot.
You shall not sublicense, sell, resell, transfer, assign, reverse-engineer, distribute or otherwise commercially exploit or make available the Device to any third party. You may not build any devices or products similar to Betterspot nor copy any of its ideas. You shall not copy technologies exclusively used in Betterspot through reverse-engineering or any other methods.
Betterspot products, graphics, logos, designs, codes, scripts, hardware, and service names are trademarks or trade dresses of Betterspot. You shall not use any of these trademarks and trade dresses in your product or website without written permission of Betterspot. However, third party websites can use the Betterspot name and icon in order to provide reviews and other appropriate content to their users.
If you have purchased Betterspot products alongside the Device, you are also agreeing to be bound by Betterspot’s terms of service. You shall not violate any of the provisions mentioned there; otherwise, you will also lose the right to use the Device.
Betterbox shall only be used for personal use. Betterbox must not be used to hide any illegal activities or be a tool to commit any illegal activity. You must always refrain from committing any act through Betterbox that may be considered illegal or prohibited under Canadian law or the territory law of the country in which you are residing. You should also abstain from:
All prices are exclusive of sales tax (VAT) and other governmental levies that have been or are later imposed, unless otherwise stated by Betterspot. All shipping costs, including but not limited to third party shipment charges, shall be borne by you. If payment is made to a third party or through a third party platform, you also accept the respective terms and conditions related to those services and acknowledge that Betterspot has no liability regarding those payments.
All (delivery) periods and (delivery) dates agreed to or specified by Betterspot shall be established to the best of Betterspot’s knowledge on the basis of the information available to it at the time of entering into the Agreement. Initial (delivery) dates agreed between the parties or specified by Betterspot shall in all cases be target dates, and shall not have a binding effect on Betterspot and shall in all cases be merely indicative. Betterspot shall make every reasonable effort to observe final (delivery) periods and final (delivery) dates wherever possible. Betterspot shall not be bound by a (delivery) period or (delivery) date, final or otherwise, that can no longer be achieved as a result of circumstances outside of Betterspot’s control that occurred after the date on which the agreement was concluded, including but not limited to, force majeure or any unforeseen difficulties in the manufacturing of the Device. If there is a risk that a time period will be exceeded, Betterspot shall consult with you in order to discuss the implications of the overrun for the rest of the schedule.
The mere fact that a (delivery) period or (delivery) date, final or otherwise, specified by Betterspot or agreed between the parties has been exceeded shall not mean that Betterspot is in default. In all cases – i.e., also in the event that the parties have agreed upon a final (delivery) period or (delivery) date explicitly in writing -- Betterspot shall not be in default as a result of the fact that a (delivery) period or date has been exceeded until such time as you have given written notice of default. The notice of default must contain as comprehensive and detailed a description of the breach as possible, in order to ensure that Betterspot has the opportunity to respond adequately.
You are obliged to cooperate with the delivery and to take delivery of the Device. If you fail to take delivery of the Device, Betterspot reserves the right to charge any related costs (including storage and shipping costs) to you. In the aforementioned case, Betterspot is entitled to sell the Device to a third party without prejudice to its right to seek compensation under the law.
Delivery shall be deemed to have been refused if the Device has been offered for delivery and delivery has proven to be impossible. The day on which delivery is refused shall be regarded as the day of delivery. It is your sole responsibility to check if Betterbox device can be shipped to your country of resident. If the shipment is refused, day on which shipment is refused shall be regarded as the day of delivery.
In no event shall Betterspot be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Device for any lost profits or indirect, incidental, punitive, or consequential damages of any kinds whatsoever. It is your sole responsibility to take necessary precautions to prevent any damages or loss of data caused by using the Device, and Betterspot shall not be liable in any circumstances for your loss of data or property or any other damages from using such Services.
Betterspot’s liability, whether based upon breach of the Agreement or tort, is limited to compensating you direct damages, not to exceed the amount of $100 USD.
You are permitted to return the Device for any reasons and at any time within fifteen (15) days following the delivery date of the Device. To make use of the refund right as noted in the Terms of Service, the Device must be in its original packaging and condition. It is your sole responsibility to deliver the Device to Betterspot at your own expense. After receiving the device and reviewing it, if the Device is in the required condition, Betterspot will refund accordingly in a reasonable time frame.
By accepting these terms you also accept that this Agreement may change at any time for any reason under the sole direction of Betterspot. You also agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made. If you keep using the Service after the Agreement has been amended/modified, you unconditionally agree to the amended/modified Agreement.
You hereby expressly and irrevocably release and forever discharge Betterspot, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
Betterspot is incorporated in British Columbia, Canada. Therefore it is bound by state and federal laws of British Columbia and Canada respectively. By consenting to this Agreement, you give consent and acknowledge that you may also be subject to Canadian laws and regulations.