Last revised: 10 Sept 2012
These terms apply to your access to, and use of, the website at which you accepted these terms (“Beetil Website”) and any software and services made available to you via the Beetil Website (the website and those software and services are collectively called the “Services” in these terms).
The Services are provided by or on behalf of Citrix Online (as defined in Section 14 below) (also called “we”, “us” and “our” in these terms and conditions) through its commonly controlled affiliated company Beetil Service Management Limited of Wellington, New Zealand (“BSM”).
These terms form a legal agreement between you and us. You are considered to have accepted these terms if you click to confirm your acceptance or agreement (where this option is provided to you) or if you otherwise view or use Services in any way.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that company or entity to this agreement, in which case references to "you" and "your" are references to that company or entity.
If you do not agree to these terms, or do not have the authority mentioned above, you are not permitted to use the Services.
So long as you comply with these terms, we grant you a non-exclusive and non-transferable right to access and use the Services in the manner we make them available to you from time to time. This right is subject to these terms and is limited by the type of account you have with us and any notices displayed as part of the Services or that we provide to you. For example, the plan you are on may only permit a certain number of users to access and use the Services under your account.
Except as set out above, you are not granted any other rights in relation to the Services.
We do not own any of the information, data, files and other content that you upload to or provide to the Services (“Your Data”). So, you grant to us and our suppliers and contractors the right to store, use, modify, adapt, reproduce, publish, display, distribute and communicate Your Data for the purpose of providing and supporting the Services. You represent and warrant to us that you have the right and authority to grant these rights and Your Data will not violate these terms.
If this agreement ends for any reason, or you close your account (in accordance with section 11 (Ending the services and this agreement) below), then we will retain Your Data for a period of at least 6 months, after which we will delete it. However, we will delete it earlier if you ask us to do so.
We will provide a facility for you to download Your Data from the Services in a format that works with the then current version of the Services. We cannot guarantee, and do not promise, that any download of Your Data will work with any other versions of the Services. This facility will continue to be available to you until Your Data is deleted by us as set out above.
While we endeavour to backup and keep Your Data secure (after all, our reputation depends on it) we do not promise that it is completely secure or recoverable or will never be lost or damaged. If Your Data has been lost and you tell us about it we may, at our discretion, try to recover it for you. However, if we try to recover Your Data we are not responsible or liable in any way whatsoever for any results or any failure by us to do so.
We reserve the right (but have no obligation to) remove or edit any of Your Data that we consider, in our sole discretion, is contrary to these terms.
All information, data, files and other content (including image, audio and video files) (“Content”) that you may have access to as part of or via the Services is the sole responsibility of the person from which that Content originated. We do not endorse or approve Content and are not liable in any way for your (or anyone else’s) use or reliance on Content.
From time to time, we may change these terms. We will endeavour to give you notice before the new version of the terms take effect by either emailing you with notice of the changed terms (sent to the email address you gave us when subscribing for the Services) or by displaying a notice as part of the Services (for example, on the Beetil Website). Any use by you of the Services after the new version of the terms has been posted on the Beetil Website confirms your acceptance of the new version of the terms.
We alone (or our licensors) own and shall retain all rights, title and interest, including intellectual property rights (whether or not registered and anywhere in the world), in and to the Services (including in the user interface, design and look and feel of the Services and in any underlying software, ideas or know-how).
Our trademarks, logos and business, product and domain names are also owned by us alone and you are not granted any rights or interests in any of them.
You (and not us) are responsible for your use of the Services and any and all activity that occurs under your account and any accounts under your account (including Content that is posted, created, transmitted or displayed). Such use and activity is collectively called "Your Activity" in these terms.
It is your responsibility to:
You must pay all of the relevant subscription and other charges related to your account at the times and in the way specified by us on the Beetil Website.
The Services are billed monthly in advance starting on the date that you subscribe or upgrade to a paying plan. All payments are non-refundable, including if you don’t use the Services, close your account or downgrade your plan during a billing cycle. You will be billed the new rate for any upgrade or downgrade to your plan on your next billing cycle.
We reserve the right to increase the fees we charge for the Services and will endeavour to provide advance notice of such increases. If you don't agree to the new fees you can choose to end this agreement by taking the steps set out in section 11 (Ending the services and this agreement) below.
The Services are provided to you on an "as is" and "as available" basis and your use of them is at your sole risk. The nature of the Services means we do not represent or warrant that they will be secure, reliable, free of defects or viruses or always available (including at a certain speed), that they will meet your requirements, that any Content is accurate, current, complete or reliable, or that all problems can or will be corrected. This is in part because of the reliance of the Services on systems and networks that are not owned or controlled by us.
Sometimes the Services will be unavailable or your use will be limited because of maintenance or other work that is being undertaken. We will endeavour to provide advance notice of planned service interruptions.
We give no warranties in relation to the Services. To avoid doubt, all warranties, representations and conditions in relation to the Services, whether express or implied, are excluded to the fullest extent permitted by law (including any warranties of fitness for purpose, merchantability, title and non-infringement).
You represent to us that your access and use of the Services is for the purposes of a business and so you agree that any consumer guarantees and/or remedies provided under applicable law do not apply to the Services.
We may, at our sole discretion, modify the whole, or any part of, the Services at any time without notice to you and these terms continue to apply to any modified Services.
We may from time to time set upper limits on the storage space and bandwidth related to your account. If you exceed those limits we reserve the right to immediately disable your account or limit your file hosting until you can reduce your bandwidth consumption to a level that we consider reasonable.
You may end this agreement at any time for any reason by closing your account (where that option is made available to you as part of the Services) or telling us in writing at least 5 business days beforehand.
We may end this agreement for any reason by giving you at least 30 days' notice beforehand. We may also end this agreement, and/or end, suspend or restrict your access and use of the Services, at any time without notice to you if:
Taking any of the steps above does not limit any other rights or remedies that may be available to us.
Ending this agreement or any of the Services does not affect sections 2, 4, 6, 9, 11, 12, 13 and 15 (which will continue to operate) or any rights or remedies that have accrued beforehand.
We, and our suppliers, contractors, directors, employees, agents, and parent, subsidiary and other commonly controlled affiliated companies (“Our Related Parties”), will not be liable to you or any third party for any loss or damage to Your Data or any Content, breach of security or privacy, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage.
If we or Our Related Parties are liable to you for any reason, and for any reason we have not been able to exclude that liability under these terms, then the maximum aggregate liability of us and Our Related Parties (together) to you in relation to the Services, Your Data and all things we or Our Related Parties have done or not done (including any breach of these terms) will under no circumstances exceed the fees paid to us or our Related Parties for the Services in the 3 months prior to the time that any liability first arises.
The maximum aggregate liability above, and any exclusions or disclaimers of liability in these terms, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise.
We will not be responsible or liable for any failure or delay to perform our obligations due to any cause that is beyond our reasonable control or any failure by you to perform any of your obligations.
You fully indemnify us from and against all claims, damages, losses, liabilities and costs arising from or related to Your Activity or any breach of these terms by you or any user of an account under your account.
The Citrix Online contracting entity under this Agreement, the applicable notice address, governing law and jurisdiction to resolve disputes (including non-contractual disputes and claims) will depend on where you are domiciled. Please refer to the chart below to identify the Citrix Online contracting entity:
|If You are domiciled in:||You are contracting with:||Notices should be addressed to:||The governing law is:||The courts having exclusive jurisdiction are:|
|A Country in North, South or Central America or the Caribbean||
Citrix Online LLC
7414 Hollister Avenue
Goleta, CA 93117, U.S.A.
Global Customer Support
7414 Hollister Avenue
Goleta, CA 93117, U.S.A
With a copy to:
7414 Hollister Avenue Goleta, CA 93117, U.S.A
|California and controlling United States federal law||Santa Clara County, California, U.S.A.|
|A Country in Europe, the Middle East or Africa*||
Citrix Online UK Limited registered in England and Wales under registration number: 646972
Chalfont Park House,
Bucks SL9 0DZ
VAT number: GB928999931
Global Customer Support
Chalfont Park House,
Bucks SL9 0DZ
With a copy to:
7414 Hollister Avenue Goleta, CA 93117, U.S.A.
|England and Wales||England and Wales|
|A Country in Asia or the Pacific region||
Citrix Online Aus Pty Ltd,
1 Julius Avenue,
ABN# 47 130 063 642
Global Customer Support
1 Julius Avenue,
With a copy to:
Legal Department at 7414 Hollister Avenue Goleta,
|New South Wales||New South Wales|
* For customers from the United Kingdom, if Citrix Online UK Limited is unable to resolve any Customer complaint satisfactorily, Customer may be able to make a complaint through the Office of the Telecommunications Ombudsman (Otelo, http://www.otelo.org.uk), an independent alternative dispute resolution scheme of which Citrix Online UK Limited is a registered member. In such circumstances Otelo will conduct a detailed case review and make an independent third-Party decision or recommendation.
* For customers from France, the following language is added to the Services Order and these Terms and Conditions: “All requested Customer information on the Services Order and in the Agreement is compulsory and necessary for processing Customer’s file. Customer is hereby informed that its personal data is subject to automatic processing by Citrix Online UK Limited for the management of Customer’s file. Customer may ask for access to and rectification of Customer’s personal data.”
* For customers from Germany, Customer agrees that it shall utilize the Services only for business or professional use and shall enter into a legal transaction with Citrix Online UK Limited only in such capacity. If Customer wants to initiate out-of-court dispute resolution mechanisms according to the provisions of the Telecommunications Act and its executive regulations Customer may submit an application to the German Federal Network Agency, Bonn, Germany.
In these terms, words in the singular include the plural and vice versa; any examples in these terms, and references to "including" and similar words, are illustrative only and do not imply any limitations; and clause and other headings are for ease of reading only and do not affect the interpretation of these terms.
You may only subcontract, transfer or assign any of your rights or obligations under these terms with our prior written consent. We may subcontract, transfer or assign all or any part of our rights or obligations under these terms.
These terms constitute the entire agreement and understanding between you and us in respect to its subject matter and replaces all previous agreements, understandings and representations relating to that subject matter and any additional or different terms that you may provide to us (including on any purchase orders).
Anything we need to notify or tell you of in writing under these terms may be sent to you by email to the last address you gave us writing. We can assume that any communication from us (including those sent by post or fax) has been received by you two days after it was sent unless we have been notified to the contrary (for example, if we receive notice of failure or delay in the delivery of an email).
Any waiver of any of these terms must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.
If any provision of these terms is held to be illegal, invalid or unenforceable it shall be deemed to be deleted from these terms without affecting the legality, validity or enforceability of the remaining provisions.