CBL – Terms of Use
Welcome to the bealiv.com website, which is operated by Cable Bahamas Group Ltd (“CBL”, “Bealiv
“, “ALIV” “MyAliv App,” “we,” “us” or “our”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to bealiv.com in addition to any related websites, domains, portals, mobile applications, or online services which may be offered by our affiliate companies, including, but not limited to, https://portal.newcomobile.com/myaliv/login.aspx, (collectively, the “Site”). By accessing and using this site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
Use of Site
ALIV grants you a limited license to access and make personal use of this site. You are not permitted to download (other than page caching) or modify the site, or any portion of it, except with express written consent of ALIV. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Registration Information: Username and Password:
If you access the Site anonymously, creating a username will not be necessary. However, to purchase a product or service, you may be required create a user ID and or password to establish an account. You agree that the information you provide to establish any account is accurate and that you will keep it up-to-date. You are responsible for the security of all your usernames, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. Your username and password may be used to access or modify any product orders, services, or subscriptions. You agree to immediately notify ALIV of any unauthorized activity regarding any of your accounts or other breaches of security. ALIV may, at its sole discretion, suspend or terminate any of your usernames and passwords at any time, with or without notice.
Displayed Pricing and Errors
ALIV strives to keep pricing, availability, and information as accurate as possible. However, prices and product availability may change without prior notice. All specials and promotions are limited to current stock and may be discontinued at ALIV’s discretion. ALIV is not liable for typographical errors and makes every effort to ensure the accuracy of the information provided in our catalogs and on our website. If an error occurs and a product is listed at an incorrect price, ALIV reserves the right to cancel or refund orders placed at the incorrect price.
Trademarks
The ALIV name and logo and all related product and service names, design marks, tag line, motifs are trademarks, service marks, registered trademarks or registered service marks of ALIV and may not be used in any manner without the prior written consent of Cable Bahamas Group. All other trademarks and service marks are the property of their respective owners.
Product and service information
ALIV does not guarantee that the information, graphic depictions, product and service descriptions, or other content on the Sites are always accurate, complete, reliable, up-to-date, current, or free of errors. Despite our efforts, it is possible that a product or service price listed on the Site may be incorrect, or the product or service description may contain inaccuracies. If ALIV determines that a product or service has an incorrect price or description, ALIV reserves the right to take any action it considers reasonable and necessary, at its sole discretion, to correct the error, including canceling your order, unless prohibited by law. ALIV may make improvements or changes to any of its content, information, products, services, or programs described on the Sites at any time without notice. You agree to notify ALIV immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and to comply with any corrective action taken by ALIV.
Online Orders
To protect ALIV and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders, including but not limited to validating information provided or limiting the amount of equipment (e.g., wireless phones) and/or services that may be ordered online by a single individual or entity. ALIV reserves the right to further limit quantities or to cancel or reject orders at its sole discretion.
Intellectual Property
All content included on this site, such as text, graphics, logos, images, audio clips and digital downloads are the property of ALIV or its content suppliers and protected by Bahamian copyright laws. The compilation of all content on this site is the exclusive property of ALIV, with copyright authorship for this collection by ALIV, and protected by Bahamian copyright laws.
User Accounts
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ALIV reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning soliciting commercial business.
- Your Acceptance of ALIV Terms of Use and Privacy Policy. Your use of and/or visitation to any area of the Site signifies your agreement to (1) these Terms of Use and (2) our Privacy Policy located at https://www.bealiv.com/privacy-cookie-policy, which is incorporated herein by reference. In addition, if you purchase or use any ALIV product(s) or service(s), you agree to be bound by the ALIV Plans Terms and Conditions (the “T&Cs”), which are hereby incorporated by reference to the extent applicable, as described in Section 4 below. If you do not agree to any of these Terms of Use or our Privacy Policy, please do not use the Site. In its sole discretion, ALIV may modify or revise these Terms of Use or the Privacy Policy at any time, and you agree to be bound by such modifications or revisions.
- Your Use of the Website – Permissions and Restrictions. ALIV hereby grants you permission to access and use the Site and the Content for your personal use only, including the purchase of products and services, under the following conditions:
- You agree to use the Site for lawful purposes only. The Content is protected by copyright by Bahamian laws, and contains trademarks and other proprietary information. Title to the Content remains with ALIV and or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ALIV. All rights not expressly granted herein are reserved to ALIV and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Site or the Content. You may not alter, publish, or otherwise use these Terms of Use in any way, unless otherwise specified. All information or materials published or shared by Site users in any way are referred to as “User Submissions.” If you submit any of these kinds of content, you automatically grant ALIV a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable, and transferable right and license to use, reproduce, adapt, publish, edit, translate, distribute, perform, and display the communication or content in any form, format, or forum that is now known or that is developed in the future. Multiple layers of sublicenses may be used by ALIV to sublicense its rights. Furthermore, as permitted by the Site’s functionality and these Terms of Use, you hereby give each user of the Site a non-exclusive license to access your User Submissions through the Site and to use, reproduce, distribute, display, and perform such User Submissions. You acknowledge and consent that ALIV may decide to keep server copies of removed or deleted User Submissions, but not to show, share, or perform them. You alone are in charge of your own User Submissions and any repercussions that may arise from uploading or publishing them. With regard to User Submissions, you hereby affirm, represent, and/or warrant that: you are the owner of the Patent, Trademark, Copyright, or other proprietary rights in and to any and all User Submissions, or that you have the necessary licenses, rights, consents, and permissions to use them, and that you have given ALIV permission to use such rights in order to enable inclusion and use of the User Submissions in the manner that the Site and these Terms of Use specify. ALIV explicitly disclaims all liability in connection with User Submissions and does not endorse any opinion, recommendation, or advice stated in any User Submission. ALIV prohibits the infringement of intellectual property rights and copyright-violating actions on its website. If ALIV receives sufficient notification that a User Submission violates these rights, it has the right to remove any such content. ALIV reserves the right to remove User Submissions without prior notice.
ALIV is free to use any feedback, ideas, concepts, reviews, techniques, or other materials contained in any User Submission or other communication you may send to ALIV for any purpose, including but not limited to creating, modifying, or improving the Site or other websites and developing and marketing products or services.
If you submit any unsolicited ideas or materials, you agree that you will not receive any payment of any kind from ALIV and that you will waive any claim against the company and its parent, subsidiaries, and affiliates for the use of such ideas and materials, even if they are used in a way that substantially resembles the idea you submitted.
User Submissions may be rejected, deleted, or edited by ALIV at any time and without prior notice. User Submissions that include personal attacks, phone numbers, mailing or email addresses, illegal, obscene, threatening, defamatory, or otherwise objectionable content, offensive or discriminatory language, or false information about the content’s origin should not be accepted. You acknowledge and agree that we may, but are not required to, examine the material and that we may, at our sole discretion, delete or remove it (without notice) for any reason or for no reason at all.
- Revisions to Terms of Use. Modifications to the License. ALIV reserves the right, at its sole discretion, to revise, modify, alter, or update these Terms of Use (collectively, the “Modified Terms”). As soon as the Modified Terms are posted on the Site, they become operative. You will be considered to have accepted the Modified Terms if you continue to use the Site after such posting.
- Entire Agreement. The parties’ entire understanding and agreement regarding the subject matter of this agreement is set forth in these Terms of Use, as amended from time to time by ALIV, and includes the ALIV Privacy Policy and the ALIV Plans Terms and Conditions (the “T&Cs”) incorporated herein by reference. Any prior understandings regarding this subject matter are superseded. You acknowledge that, by accepting these conditions, you are not depending on any representations, agreements, or warranties about the subject matter herein that are not specifically stated here.
- Severability. The parties intend that any provision of these Terms of Use shall be deemed invalid, unlawful, or unenforceable as written, and any such provision shall be amended and construed to the greatest extent permissible by law if an arbitrator or a court of competent jurisdiction finds such a provision to be so. The remaining provisions shall remain intact and in full force and effect to the extent permissible by law if such a provision cannot be thus changed and interpreted.
You may request that material be restored by sending ALIV a counter-notification if you are the owner of the material, or an agent of the material, that was removed from the Site or disabled after ALIV received a copyright infringement notice and you sincerely believe that the material was removed or disabled due to error or misidentification of the material
- Ability to Accept Terms. You declare that you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and that you will abide by and comply with these Terms of Use. You are also at least the age of consent, an emancipated minor, or the legal consent of your parents or guardians.
- Governing Law. Notwithstanding conflict of laws rules, the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware will govern these Terms of Use, except to the degree necessary to implement any non-federal legislation..
- Disputes. If you are a ALIV customer and have a claim relating, in whole or in part, to the Site and/or these Terms of Use, your claim is covered by the applicable terms in the T&Cs including but not limited to mandatory arbitration and waiver of jury trial.
- General. Your use of the Site is not meant to form or foster any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and any of the ALIV Parties. Any clause in these terms of use that would automatically remain in effect after they expire or terminate must do so. You may not transfer or assign these Terms of Use or any rights and licenses granted hereunder, but ALIV may assign them without limitation. The section headers used in this document are merely for convenience and have no legal significance. Each of the ALIV Parties shall have the right to directly assert and enforce these Terms of Use, which are for their benefit.