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|Blue™ Services Agreement
This agreement governs the use of the services (“the Service(s)”) made available through the Blue™ Mobile Host App and the use of the Blue Boarding Pass™ (the “Agreement”).
Certain terms are defined within this Agreement or in the definitions section.
This Agreement may be revised periodically. By using the Services, you agree to the most recent version of this Agreement, which is always available to you online and within the Blue™ Mobile App.
The following definitions apply in this Agreement:
The words “we,” “our,” and “us” mean Blue™ and/or Blue.TC and/or Blue Ventures (International) Limited and respective affiliates, employees, successors, and assigns.
The words “you” and “your” means each Operator and anyone else with access to the Bespoke Blue™ Host App to perform the transactions or receive the services covered by this Agreement. If there is more than one owner, then these words mean each account owner separately and all account owners jointly.
“Business Days” include Monday through Friday. The US Federal Reserve Bank holidays are not Business Days.
“Consumer”, Client or Guest means a person(s) using the Blue™ Mobile App to book any service.
“Log-in Credentials” means your personal ID, password, and any other unique biometric attribute (such as facial recognition or fingerprint) used to access Services.
“Payment Account” means an account to which the payments we initiate will be credited.
“Receipt Instruction” means the information provided by us to you for a credit to be initiated to you.
“Payment Schedule” means the pre-authorized payments that we schedule to occur on a specific date or a recurring set of dates.
“Service Providers” means any processor or other third party that we have engaged to provide remittance capabilities, equipment, or other services in connection with the Services. This includes any agent, independent contractor, or subcontractor of any of the foregoing.
You have agreed to enter into an agreement with Blue™ the operating name of Blue.TC Limited a subsidiary of Blue Ventures (International) Limited to manage your business bookings.
The services which will be provided by Blue™ include but are not limited to providing an on-line and mobile booking platform (“facilities”) for your customers to bespoke and book services offered by your business to your customers.
These facilities enable your customers to book, pay for and receive a Blue Boarding Pass™ which you agree to honour on presentation by the customers for the specific booked service which they have ordered.
Blue™ will receive the booking payments and account to you for the monies received on a weekly, fortnightly, monthly cycle or as agreed between us.
Blue™ will account to you for the government tax received for the services which you are selling, and you will be solely responsible for the payment of that tax to the Government of the Turks and Caicos Islands. Blue™ will receive a booking fee for the services that it provides from the client/customer and to that fee Government Tax will be applied for which Blue.TC will account to the Government of the Turks and Caicos.
At your option only, we will hold back from the agreed payment schedule the amount of Government Tax assessed to be payable in respect of Bookings made using the Blue™ facilities until the 1st day of the month following the receipt by Blue™ of the said Government Tax to facilitate your efficient payment of the amount due to the Government of the Turks and Caicos Islands.
You will receive tax statements by electronic delivery only which will be produced at the end of each month.
Privacy & security
Protecting your privacy is important to us.
All information gathered from you in connection with using Blue™Services will be dealt with securely within your business account and no client of yours, or any customer of Blue™ will have access to the information save that which is is public ally available for the customer. We will only disclose information to third parties when it is necessary to complete the bookings or transactions you initiated through the Blue™ Mobile App, to verify the existence and condition of your business for a third party (such as a credit bureau or merchant),to comply with government agency or court order, or if you give us written permission.
Protecting your log-in credentials
Prevent unauthorised access to your business information by keeping your Log-in Credentials confidential and ensure that you log out of Blue™ when you are finished. If you choose to activate a biometric feature (such as a fingerprint or face scanner), it is your responsibility to control access to Services just as you would with your personal ID and password. You acknowledge that any person who has a biometric feature stored in your device may be able to access Services on that device.
Blue™ will never ask you to share your Log-in Credentials, and you do not need to share your Log-in Credentials to send or receive bookings or money using Services. If you give another person or business access to Services by sharing your Log-in Credentials, you agree that each such third-party will be authorised to act on your behalf, and will be bound by this Agreement (and any separate agreement governing your account with Blue™). We are not responsible for managing the authority of your third-party relationships, or the use of Services by an authorised third- party using your Log-in Credentials. Any activity performed using your Log-in Credentials, even if not specifically intended by you, will be presumed to be authorised by you. If you have shared your Log-in Credentials with a third-party, and wish to revoke such access, you must block access to Blue™Services until new Log-in Credentials are established.
Unauthorised transactions & errors
If you believe that an unauthorised transaction has been made contact us right away. We may process any instructions submitted using your Log-in Credentials and such instructions are effective even if you did not transmit or authorise them. You agree to maintain appropriate accounting and auditing procedures to protect your Account from intentional or negligent misuse. You agree to promptly review all paper and electronic statements, notices, and transaction information provided and to report all unauthorised transactions and errors immediately.
Managing your contact information
Your use of our Blue™ Services may be limited, suspended, or terminated if you do not maintain accurate contact information or if we cannot verify your identity. Changes to your contact information may be made within Blue™ Services. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate account or contact information.
For the duration of our relationship, you authorise your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, to allow us to verify your identity and to compare information you have provided to us with your wireless operator account profile information.
Receiving text messages and other communications
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialling systemfrom us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur fees from your mobile services provider.
You represent that you are authorised to use the email address or mobile phone number that you use for Blue™ Services, and you expressly consent to the receipt of non-marketing emails or text messages from us (or other Service Providers associated with Blue™ Services), from other users that are sending you money and/or requesting money from you.
You acknowledge that any messages sent in connection with sending, receiving, or requesting bookings or money are initiated by you or your clients and that we only facilitate the delivery of such messages on your or their behalf. To the extent required, you are responsible for gaining consent from any person or entity to whom you intend to send messages and/or money in connection with Bookings using Blue ™ Services.
Monitoring and recording communications
We may monitor and/or record any communications between you and us (or any of our Service Providers) for quality control and other permitted business purposes. This monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
Limited use of data
We will use any data for fraud screening and to improve fraud screening services. We will not share personally identifiable data with any third party without your consent, except to comply with court orders, valid legal process such as a warrant or subpoena, and other legal requirements.
Data storage and retention
We may store and process personal information in different countries than where you reside. Please note that these countries may have different laws and requirements about privacy and data use than where you reside. We may retain data for a maximum of 18 months, except as required to comply with court orders, valid legal process such as a warrant or subpoena, or other legal requirements.
Statements and notices
You will not receive paper statements or other account-related notices for. Generally, the cycle time for your statements will be weekly. When you start receiving reports, you will begin to build a seven-year electronic document history that will be available within the Blue™ Services platform.
You are responsible for downloading and saving your electronic documents for your own purposes. If you close your account, you will no longer have digital access to the closed account or the associated electronic documents.
Managing your delivery preferences
You may manage your delivery preferences for e-statements and notices by logging in and updating your profile or by contacting us.
Delivery of Bookings
Any bookings will be sent through on the day that Bookings are made, as close to real time as the internet permits. You understand and agree that Bookings may not be sent on a “real time” basis and maybe subject to the vagaries of the Internet but will be sent as soon as they are made.
It is your responsibility to ensure the accuracy of any information that you enter, and you will be responsible for any transaction processed on your Instruction even if you make an error. You are responsible for informing us as soon as possible if you become aware that any information you entered is inaccurate. Once informed, we will make a reasonable effort to recover a payment made to the wrong person or entity, but we do not guarantee such recovery, and are not responsible for damages resulting from information that is entered erroneously.
When we receive a Booking on your behalf, you agree to honour that Booking. It is your responsibility to ensure that any dates or times when you are not able to accept Bookings are notified to us by you blanking out those dates on the Blue™ Platform. If you do not blank those dates and a booking is made on the Blue™ Platform whether on the App or on-line, it is your sole responsibility to resolve that with the client who has used made the Booking. A failure to do so will result in Blue™ refunding the client and you having to pay Blue™ the revenue lost by Blue in the form of an administration fee.
We reserve the right to refuse to honour Instructions that appear on reasonable analysis to be fraudulent, erroneous, or in violation of this Agreement.
We reserve the right to select the method in which to complete your credit Instructions. These payment methods may include a payment using the USA ACH network, an electronic payment, an electronic to cheque payment, or a paper cheque issued to you.
Limits on liability
Linking your external account
You will be required to verify and authenticate your email address and your designated Payment Account before you will be able to receive funds to your Payment Account.
Email verification: Before your first receipt, you will be required to either validate the email address we have on file for you or validate a new email address.
Payment account verification: You must verify your Payment Account by entering in the account type, the account number, and the ABA/Routing number of your Payment Account (if any). As part of the verification process, you may be asked to confirm trial deposits into your Payment Account. Once you receive the trial deposits into your Payment Account, you may be asked to confirm the amount that was deposited.
Payment Account Authority: You represent and warrant that you have full transactional authority (i.e. the ability to initiate credits, debits, and withdrawals) on the designated Payment Account and that the Payment Account has no restrictions limiting such authority (i.e. a fiduciary account where you are the agent or trustee, an account blocked by a court order, an account that is subject of a garnishment order, etc.) You agree to indemnify and hold us and our Service Providers harmless (including the payment of reasonable attorney’s fees) from any and all liability to third parties related to the stated authority of your Payment Account or any actions taken by us pursuant to your Payment Transfer instructions.
Receiving money: Most transfers to you will occur within 48 hours, but to protect you, us, there may be other circumstances when a payment may take longer. For example, a payment may be delayed if we need additional time to verify your identity (or the identity of the person sending money), to prevent fraud, or to meet regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will use our best endeavours to notify you.
Software license: You are hereby granted a limited license to download, install, and use the Blue™ Mobile App on your mobile device.
This license shall be deemed revoked immediately upon any of the following:
• You terminate your enrolment in Services in accordance with this Agreement.
• You delete the Blue™ Mobile App from your device.
• You fail to comply with this Agreement.
• We provide written notice to you at any time, with or without cause.
In the event this Agreement is revoked for any of the foregoing reasons, you agree to promptly delete the Blue™ Mobile App from your mobile device if you have not already done so.
This Agreement does not amend or supersede any agreements you may have with your mobile service provider or device manufacturer. You understand that those agreements may provide for fees, limitations, and other restrictions that might impact your use of the Blue™ Mobile App.
Help and assistance
Any assistance you require will be in the first instance dealt with by email enquiry to firstname.lastname@example.org.
Commission or Fees
The fees for Blue™ Services are payable by the client or customer. There will be no commission or fees payable by the Operator. Fees may be changed at our sole discretion, but you will receive notice of these changes in accordance with applicable law. You agree to pay all such fees associated with Blue™ Services and authorise us to deduct the calculated amount from the account(s) you have with us.
You are responsible for any and all other fees and charges that may be assessed by your wireless operator, internet service provider, or any other third-party provider you may engage.
This Agreement is complete record of the relationship between the Operator and Blue™.
You are responsible for and must provide all mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access Blue™Services. You may need additional software that is capable of opening PDF files (such as Adobe Acrobat) to view, print, and/or save electronic versions of your documents.
Links to other internet sites and third-party services
All matters concerning third-party websites, merchandise, and services provided or operated by third parties are solely between you and the third party. We make no warranties or representations whatsoever with regard to any third-party website, merchandise, or service and we are not responsible or liable to you for any damages, loses, or injuries of any kind arising out of your use of any third-party website.
Intellectual property rights
All content connected with Blue™Services is the exclusive intellectual property of us, our licensors, and/or Service Providers and it is protected by copyrights and other intellectual property rights. You are permitted to use content delivered to you through Blue™Services only for your business use. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse-engineer or reverse-compile any technology, including any software or other content associated with Blue™Services.
The trademarks, logos, and service marks displayed in connection with Blue™Services are the registered and unregistered trademarks of us and/or our Service Providers. Under no circumstances may you use, copy, imitate, alter, modify, or change these trademarks. Nothing contained on, in, or otherwise connected with these Blue™Services should be construed as granting (by implication or otherwise) any license or right to use any trademark without the express written permission of us or the third party, which has rights to such trademark.
All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us through or regarding any of the Blue™Services shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
No illegal use
Blue™Services are intended for business operators in the Turks & Caicos Islands. You agree not to use Blue™Services to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with Blue™Services.
We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By accessing your account and continuing to engage in Blue™ Services, you agree to the most recent version of this Agreement.
Delay or suspension of service
We reserve the right to refuse to process any transaction you initiate, and we may suspend your access to Blue™Services at any time, for any reason, and without notice. Reasons we may suspend or terminate your use of Blue™ Services include: you close your account, suspicious account activity, or suspected abuse of terms outlined in this Agreement. Until your account is reinstated for Blue™Services, you will not be able to send and/or receive payments using any of the Blue™Services.
If we terminate or suspend your use of Blue™Services, we reserve the right to make no further payments from your accounts, including any transactions you have previously authorized.
If you cancel your access to Blue™ Services we will make no further payments to your accounts.
Without limiting any other provision of this Agreement, if we or any other Service Provider reasonably believes that your conduct in using Blue™ Services constitutes a “Threatening Condition” (including but not limited to, violation of this Agreement, violation of any applicable laws, rules, regulations, or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider, we or any such Service Provider may provide you with a notice to cease the Threatening Condition. If, in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of Blue™Services without notice.
Term and termination
We reserve the right to add or eliminate Blue™ Services, and we may terminate all or part of this Agreement and your use of any or all Blue™ Services for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Blue™ Services upon our request.
You may voluntarily terminate your access to Blue™ Services and withdraw your consent to this Agreement by contacting us. If you terminate your access and/or withdraw your consent to this Agreement, you will no longer have access to any of the Blue™ Services.
All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.
Neither we, nor Service Providers, represents or warrants the accuracy, adequacy, completeness or timeliness of Blue™ Services, or the error free use of Blue™ Services. All Blue™Services are provided “as is” and “as available,” without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from a computer virus.
In the event of a system failure or interruption, your data may be lost or destroyed. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.
Limitation of liability; indemnification
In no event will we or any Service Providers be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from (1) the use or the inability to use any Blue™ Service; (2) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through any Blue™ Service, or (4) any other failure, action, or omission.
You agree to indemnify, defend, and hold us and our Service Providers harmless from any and all third-party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (1) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through any Blue™ Service; (2) any fraud, manipulation or other breach of this Agreement by you; (3) any third-party claim, action or allegations brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (4) your violation of any law or rights of a third party; or (5) use of any Blue™ Service or use of your account by any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. You will not settle any action or claims on our behalf without our prior written consent.
We will not be deemed to have waived any of our rights or remedies with regard to this Agreement unless our waiver is in writing and signed by our authorised officer. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Severability and headings
If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision in that or any other jurisdiction.
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.
You may not assign your obligations under this Agreement to any other party and we will not honour any such assignment. We may assign this Agreement and you agree that we have the right to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
This Agreement represents the sole and exclusive agreement between you and us regarding Blue™ Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. This Agreement is governed by all applicable laws of the Turks & Caicos Islands.
You may contact us through Blue™ Services platform. Keep in mind that we may not immediately receive electronic messages you send, and we will not take action based on your electronic message until we actually receive it and have a reasonable time to act.