tyc-en-US : Brightcell Logistics

TERMS AND CONDITIONS – BRIGHTCELL LOGISTICS

1. INTRODUCTION

These terms and conditions (the "Terms and Conditions") set forth the the User’s rights and obligations with respect to the use of the www.BRIGHTCELL LOGISTICS.COM website and under the distinctive sign “BRIGHTCELL LOGISTICS" or "We" (hereinafter the "Site") and the services provided through the Site. By using this website, you accept the provisions of our current Terms posted in this area of the website.

Please read these terms carefully before using this website.

We recommend you to print or make a copy of the Terms for your records. BRIGHTCELL LOGISTICS reserves the right to modify, suspend, terminate or restrict your use of any part of this website at any time, without notice. Whenever these Terms are materially modified, a notice will be posted on this Site. Your continued use of the Site means your acceptance of the change of the Terms.

In case do not agree in whole or in part with the Terms and Conditions, you must refrain from using and registering on the Site.

The use that the User makes of the software, content and services provided by the Site shall be exclusive and shall not interfere with other agreements and/or services that exist by means of duly ratified written agreements.

By accessing the Site you are accepting, without any reservation, and are obliged to comply with these General Terms, the Personal Data Processing Policy, the Service Policy and the Privacy Policy of BRIGHTCELL LOGISTICS, representing a legal and binding agreement. The General Terms describe your rights and obligations regarding the use of the different services offered within the Site.

2. DEFINITIONS

For the purposes of this document, the following definitions shall be used, which may be written in upper or lower case.

(a) An "Affiliate" of a Person means and includes any other Person that directly or indirectly controls or is under direct or indirect common control of the Person. For the purposes of this definition, "control", when used with respect to such other Person, means the power to direct the management and policies of such other Person, directly or indirectly, whether through ownership of securities with right of voting, by contract or otherwise. The terms "controlling" and "controlled" have the meanings related to the foregoing.
User: means the person who has access to the Site and its various functionalities. The terms "You", "User", "your" or "yours", refers in property to the person or persons who access the Site and/or uses it, with whom the agreement contained in these Terms and Conditions of Use of the Site is understood to be executed.
"Authorized Representative" means any director, officer, employee, agent or other representative of BRIGHTCELL LOGISTICS or an affiliate of BRIGHTCELL LOGISTICS.
"Content" means all information and/or Documentation, Trademarks, images, charts, tables, graphs, graphics, designs, photographs, audio and video clips, software and HTML, XML and similar codes.
"Documentation" if issued by BRIGHTCELL LOGISTICS, any tutorials, FAQs, help files and other information that may be available through links on this Site or through a help desk regarding the operation and administration of this Site.
"Trademarks" means for purposes of definition, trademarks, service marks, logos and names and titles, of and associated with BRIGHTCELL LOGISTICS or a BRIGHTCELL LOGISTICS affiliate.
"Person" means any individual, legal entity, limited liability company, corporation, trust, estate, association or any other legal or business entity.
"Services" corresponds to the offers that are advertised within the Site for the knowledge of the Users.

The Site may be presented as a website, mobile app or other type of application, in accordance with the definitions provided by BRIGHTCELL LOGISTICS for such purposes.

3. SITE DESCRIPTION

This Site is designed to provide a place where users can obtain information about products and services offered by BRIGHTCELL LOGISTICS and its Affiliates. The Site may also provide links to third parties websites that may be of interest to you. Additional product lines and services may be added and not all product lines and services may be available at any given time. These websites are not under our control and we are not responsible for their content. The inclusion of any link on this website does not imply our endorsement of any other Internet website.

By accessing the site, the User will be able to search, find and view, without registration, publications related to general aspects of the site and data of interest in relation to the Services offered and advertised through the site.

4. GENERAL MANAGEMENT AND SITE USAGE

You agree to use this Site in accordance with these Terms, subject to modifications from time to time. Your use of this Site shall at all times comply with all applicable international, federal, state and local laws and regulations.
This Site and all related computer systems, procedures and databases created, operated, maintained or accessed by us and our Affiliates in connection with the provision of our services contain confidential information as well as information of substantial economic value to us and our Affiliates. Any unauthorized use, misuse or disclosure of such information is strictly prohibited and may result in civil liability and criminal penalties under applicable law.
BRIGHTCELL LOGISTICS strives to provide you with accurate, complete and timely information, BRIGHTCELL LOGISTICS cannot guarantee the accuracy, completeness and timeliness of all information provided to you through this Site. You are responsible for verifying the accuracy of transactions entered and information received. Under no circumstances shall BRIGHTCELL LOGISTICS be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to or use of this website. Please refer to the disclaimer of liability section of this document.
You represent that (i) you have the needed authority to enter into and be bound by these Terms and to request each transaction requested by you and have the capacity to bind yourself; (ii) you are 18 years old or older or, if you are under 18, you are using this Site with the involvement of a parent or guardian.
BRIGHTCELL LOGISTICS is authorized, without further inquiry, to provide products and services and to post Content pursuant to a transaction request we receive, if we receive an apparent proper identification, as may be specified in the Documentation or elsewhere on this Site. In no event are we responsible for verifying the apparent proper identification presented to us. Notwithstanding the foregoing, we may request partial or complete documentation or other verification means prior to conducting any transaction whenever, in our sole discretion, we believe that obtaining such documentation or other verification is appropriate or desirable and we will not be liable for any loss due to delay resulting from such a request. You acknowledge that we may exercise this discretion more readily in certain cases.
If you discover that you have obtained access to information on this Site that you are not authorized to access, you agree to immediately terminate such access and inform us.
By requesting information through this Site, you consent to the transmission of the requested information (which may include unique cell phone identification information) through this Site and you assume all risks of such transmission.

5. SITE CONTENT AND FUNCTIONALITIES

The Site is a channel for news, basic information and services that are provided by BRIGHTCELL LOGISTICS directly or through a network of providers.

6. RELATION WITH OTHER AGREEMENTS OR DISCLOSURES

Your relationship with us is governed by specific agreements in addition to these Terms, such as an order form, sales agreement or any other binding document. If there is any conflict between any provision of these Terms and a provision of a more specific agreement or agreements with us relating to the same subject matter, the conflicting terms (and only the conflicting terms) of the other more specific agreement or agreements will prevail.

7. NOTICES, COMMUNICATIONS AND ELECTRONIC SIGNATURES

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in written form. You agree to be bound by any affirmation, assent or agreement you transmit through this Site, including, without limitation, any consent you give to receive communications from us solely by electronic transmission. You agree that, in the future, when you click on "I agree," "I consent" or other similarly worded "button" or input field with a mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.

8. USE OF THE SITE

When using the Site, the User shall:

Use the Site exclusively for the purposes stipulated in (a) the Terms and Conditions, (b) the Service Policies and (c) the present and future laws and regulations applicable to the use of the Services advertised by the Site.
Use the Site exclusively for private and personal purposes related to your status as a User.
Respect and ensure respect for the copyright and intellectual property rights of BRIGHTCELL LOGISTICS, third party providers and other Users of the service offered by the Site, and of all the content found on the Site.
That the access and use of the Site is the responsibility of you as User and each of the Users of the Site and that the accuracy and quality of the information depends on the thoroughness and organization of the Users.
The services of the Site shall be governed by the contracts or regulations or by the legal rules applicable to them.

9. RESTRICTIONS OF USE OF THE SITE

The User agrees to use the Site in a diligent, correct and lawful manner and, in particular, agrees and is obliged NOT TO PERFORM any of the acts described below:

To engage in any activity that interferes with or disrupts the services or the servers and networks connected to this site.
To reproduce, duplicate, copy, sell, resell, license, distribute, market, modify, adapt, translate, decompile, disassemble, breach technological security measures or to perform reverse engineering of the Site for any purpose whatsoever, either by itself or through any third party, unless it is expressly stated otherwise in a separate agreement between you and BRIGHTCELL LOGISTIC.
To reproduce, duplicate, copy, represent, transform, modify, adapt, communicate to the public, sell, license, resell, distribute, market, by any means or process; or use in any other website, mobile or any computer or digital environment, the content of the Site, without the express prior written consent of BRIGHTCELL LOGISTIC.
To delete, evade, manipulate or violate in any way or by any procedure the technological protection measures of this Site.
To compile, collect or process in any way the personal data of the Site Users, and any other information included on the Site, either manually or through any technological means, including the use of robots, spiders or any other manual or automatic device or process to retrieve, index or extract data and information.
To use, by itself or through an intermediary, personal data or any other type of information found on the Site, for commercial or non-commercial purposes, including but not limited to uses such as: distribute, reproduce, copy, transmit, broadcast, modify, transform, communicate to the public, make reports, create a database, sell, license, rent, send unwanted messages or spam, and regardless of their purpose, without the prior and express authorization of BRIGHTCELL LOGISTIC.
To use any type of technological tool or device that may overload, deteriorate, render useless or generate damage to the servers and technology of BRIGHTCELL LOGISTICS, or that may prevent the normal use or benefit of the Site by the Users.
To perform crawling and scraping of the Site and all its subdomains, through robots or spiders.
To defame, abuse, harass, stalk, threaten or in any way violate the legal and/or fundamental rights of BRIGHTCELL LOGISTICS and other Users of the Site, including copyrights and other intellectual property rights.
To transmit or make available in connection with the Site any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file or program that may or is intended to cause computer damage or to hack into the operation of any hardware, software, or telecommunications equipment or for any other actual or potential harmful, disruptive or invasive purpose.
To use the Site, its services or contents for non-personal or commercial purposes, without the prior and express written authorization of BRIGHTCELL LOGISTICS.
To infringe copyright or any other intellectual property rights of BRIGHTCELL LOGISTICS or any User of the Site, with any of your actions within the Site.
To use the contents of the Site for purposes or effects contrary to these Terms and Conditions, the law, morality, generally accepted good manners and/or public order.
To engage in any conduct that may affect or harm the physical or moral integrity of the Collaborators, or other Users of the Site.
To include any trademark of BRIGHTCELL LOGISTICS or its Affiliates, the name of any of our personnel, or any variation of any of the foregoing, as a meta tag, hidden text element or any other indicator that may create a false or misleading impression of affiliation, sponsorship or endorsement between any User and/or website and this Site.
To collect and/or store personal data about users of this Site.
To transmit any material that contains any computer code or files that may interrupt, limit or interfere with the functionality of any telecommunications equipment software or hardware.
To use any electronic communication feature of this Site for any purpose that is unlawful, harmful, abusive, intrusive of another person's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit.
To create a link from a website to any page of this Site unless the user or operator of the other website has executed our standard agreement to give permission to establish such link.

BRIGHTCELL LOGISTICS shall have the right to carry out investigations, extrajudicial and pre-judicial proceedings, as well as to initiate judicial or administrative actions against infringements or damages caused by the performance of the actions and conduct described above.

Additionally, BRIGHTCELL LOGISTICS may take different measures against the User, including, among others, the suspension or restriction of the User's access to the Site, the removal of the User's content, advertisements or publications, or the deletion of the User's account.

10. DISCLAIMERS

10.1 Contents of the Site – Disclaimer

The materials on this site and any materials made available on or through BRIGHTCELL LOGISTICS are provided “as is” and “as available” and without warranties of any kind, either express or implied from BRIGHTCELL LOGISTICS. To the fullest extent permissible pursuant to applicable law, BRIGHTCELL LOGISTICS disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, appropriateness for a particular purpose, title and non-infringement. Neither BRIGHTCELL LOGISTICS nor any affiliate or authorized representative of BRIGHTCELL LOGISTICS warrants nor makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. the materials in this site could include technical inaccuracies or typographical errors.

Certain links in the website may link the user to other sites on the worldwide web. the linked sites are not under the control of BRIGHTCELL LOGISTICS or any affiliate or authorized representative of BRIGHTCELL LOGISTICS and none of such persons is responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

The site contains information regarding products and services which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body only in specific countries. nothing in the site should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the country where the reader resides. the sale of products and services in each country will always be dependent on availability.

10.2 Operation of the Site – Disclaimer

As to the operation of the site, BRIGHTCELL LOGISTICS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and appropriateness for a particular purpose. BRIGHTCELL LOGISTICS makes no warranty that (i) the operation of the site will meet the user’s requirements or expectations; (ii) access to the site will be uninterrupted, timely, secure, free of unauthorized code or other harmful components, or free of error or malfunction; (iii) the results that may be obtained from the use of the site will be accurate or reliable; or (iv) errors or defects will be corrected.

10.3 Limitation Of Liability

Unless due to willful tortious misconduct or gross negligence, neither BRIGHTCELL LOGISTICS nor any affiliate or authorized representative of BRIGHTCELL LOGISTICS shall have any liability in tort, contract or otherwise (and as permitted by law, product liability) before the users or any third party.

Under no circumstances shall BRIGHTCELL LOGISTICS or any affiliate or authorized representative of BRIGHTCELL LOGISTICS be liable before a user or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) that may result from the use of, or the inability to use the business center, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of, or the information available on, BRIGHTCELL LOGISTICS.

Neither BRIGHTCELL LOGISTICS nor any affiliate of BRIGHTCELL LOGISTICS, or authorized representative of BRIGHTCELL LOGISTICS shall be liable before a user or third party even if any of them has been advised of the possibility of such damages.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly. In consecuence, some of the above limitations or exclusions may not apply to you.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BRIGHTCELL LOGISTICS and any Affiliate or Authorized Representative of BRIGHTCELL LOGISTICS from any claim, demand, loss, costs or expense, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your violation of these Terms or any third-party’s rights hereunder, including violation of any intellectual property or privacy right, or your violation of any law or other rights of a third party. BRIGHTCELL LOGISTICS may, at its own expense, participate in any matter subject to indemnification by User, and User shall not settle any such matter in a manner prejudicial to the rights of BRIGHTCELL LOGISTICS without the written consent of BRIGHTCELL LOGISTICS, which shall not be unreasonably withheld.

12. COPYRIGHT

All computer, graphic, literary, advertising, photographic, multimedia, audiovisual and design material, as well as all contents, texts and databases, or any other work made available through the Site are the exclusive property of BRIGHTCELL LOGISTICS, or in some cases, of third parties who have authorized BRIGHTCELL LOGISTICS to use or exploit them. Also, the use on the Site of some materials or works owned by third parties is expressly authorized by law or by such third parties. All Contents on the Site are protected by copyright laws and by all applicable national and international laws.

Any act of copying, reproduction, digital storage, transformation, modification, editing, translation, creation of derivative works, sale, distribution, publication, public communication, making available, at any time and by any means, including, but not limited to, physical, mechanical, electronic, digital or virtual means, without the prior express written permission of BRIGHTCELL LOGISTICS, or the copyright holder, is expressly prohibited.

13. OTHER INDUSTRIAL PROPERTY ASSETS

All trademarks, emblems, logos, names and any other distinctive signs, as well as utility models or industrial designs and other elements of industrial or intellectual property inserted, used or displayed on the Site, are the exclusive property of BRIGHTCELL LOGISTICS or of the companies that are part of the Group and in some cases are owned by third parties who have expressly authorized BRIGHTCELL LOGISTICS to use or exploit them. Nothing on the Site shall be construed as granting or conferring in any manner whatsoever any authorization, license, transfer or other right to use or otherwise dispose of the Intellectual Property without the prior written permission of BRIGHTCELL LOGISTICS or the owner of the rights thereto.

Nothing on the Site shall be construed as granting or conferring in any manner whatsoever any authorization, license, transfer or other right to use or otherwise dispose of the Intellectual Property without the prior written permission of BRIGHTCELL LOGISTICS or the owner of the rights thereto.

In no case do these Terms and Conditions confer rights, licenses or authorizations to perform the acts previously prohibited. Any unauthorized use of the contents will constitute a violation of this agreement and of the current regulations on copyright and any other applicable regulations. The User undertakes by these Terms and Conditions not to modify the software of the Site in any way, by himself or through third parties.

14. PRIVACY AND SECURITY

For information on how we use and protect the personal information, please check the link to the Data Privacy Policy from BRIGHTCELL LOGISTICS. If you believe that the security of this Site may have been breached or your information on this Site may have been used without your authorization, please write us immediately at globalcomunications@brightcell-logistics.com or call us at +52 55-2000-2321

15. INTELLECTUAL PROPERTY

All the contents of this website, including trademarks (registered and unregistered), text, graphics, logos and service marks is the property of BRIGHTCELL LOGISTICS, except where otherwise indicated. Permission is granted to display, copy, distribute, download, and print portions of the Contents for your non-commercial personal use and for the purpose of conducting business with BRIGHTCELL LOGISTICS, provided that you comply in all respects with this Section. This permission terminates automatically if you breach any of these Terms.

General. You acknowledge and agree that any and all intellectual property rights associated with this Site, whether now existing or arising in the future and including such rights with respect to any name or trademark that we may develop for, or use in connection with this Site, is and will be owned by us or their respective owners, and nothing in these Terms gives or is intended to give you or any User any claim to or rights in such intellectual property.
Content. The following restrictions apply to the Content:

You agree that the Content is our property or the property of our licensees (as the case may be) and is subject to protection by U.S. and international intellectual property laws.
Subject to these Terms, and except as expressly indicated otherwise herein or on this Site, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the Content (or any portion thereof) without our prior written approval. The preceding sentence prohibits you from, among other things, posting any Content to forums, list services, newsgroups, mailing lists and electronic bulletin boards without our prior written approval.
To the extent approved by us, you are authorized to use and download materials that are made available on the Site only for your own needs. You may not use, distribute, modify, transmit, or post any Content obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission. Specifically, you are not authorized to resell access to any such materials or to redistribute or facilitate the redistribution of any such materials for sale to others. You may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.

Trademarks. Nothing contained in these Terms or this Site should be construed as granting any license or right to use any of the Trademarks displayed on this Site. Any unauthorized use of the Trademarks or any other Content is strictly prohibited. You agree that the Trademrks may not be used in connection with any product or service that does not originate with us or our Affiliates, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us or our Affiliates.

Information Transmitted by User. User agrees that any material, information, and ideas that the User transmits to BRIGHTCELL LOGISTICS shall be and remain BRIGHTCELL LOGISTICS’s property. All such transmissions will be treated as non-confidential and non-proprietary. BRIGHTCELL LOGISTICS shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner that does not reveal User’s identity.

16. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS

Any right granted to you in these Terms terminates immediately upon any violation of it by you. This Site may be unavailable at times due to no fault of ours. We reserve the right.
To suspend or terminate your access to this Site at any time without giving notice or a reason for such suspension or termination.
To modify or discontinue all or any portion of this Site or any function made available thereby at any time without prior notice.
To block access to the use of all or any portion of this Site or any function of this Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement; and To block access to all or any portion of this Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.

17. VALIDITY

These Terms and Conditions will be valid indefinitely, will apply to all usages that the User makes on the Site and until other Terms and Conditions are published by BRIGHTCELL LOGISTICS on the Site. However, BRIGHTCELL LOGISTICS may decide, at any time, to suspend or terminate the provision or accessibility and operation of the Site, without prior notice and without generating for you any right of repair or compensation.

These Terms and Conditions constitute the entire Agreement between the User and BRIGHTCELL LOGISTICS and govern their use of the Site. If any party of these Terms and Conditions is held invalid or void by a judge, that part shall be construed in accordance with applicable law, and the other parts of these Terms and Conditions shall remain in full force and effect.

If BRIGHTCELL LOGISTICS stops applying any right or provision of these Terms and Conditions, such action shall not constitute a waiver of that provision or any other provision of these Terms and Conditions.

18. JURISDICTION AND APPLICABLE LAW

Unless otherwise specified, we control and operate this Site from our offices within the United States of America. The products and services described on, and the information provided through this Site are addressed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to the law or regulation or that would subject us or any of our Affiliates or Authorized Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations. The Terms and any dispute of any type that may arise between a User and BRIGHTCELL LOGISTICS and its Affiliates and Authorized Representatives concerning the use of this Site will be governed by the statutes and laws of the State of Florida, United States of America, without regard to conflicts of laws principles thereof. If you take legal action relating to the Terms, you and we consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of Florida and the United States District Court for the Southern District of Florida with respect to such matters.

19. MISCELLANEOUS

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed separable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The heading of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.

If you have any questions about these Terms or the practices of this website, you may contact: globalcomunications@brightcell-logistics.com

Terms & Conditions