Thank you for visiting betanxt.com, the Website of Beta Plus Technologies Inc. and its affiliates doing business under the tradename BetaNXT ("BetaNXT" "we" or "us").
Information We Collect
BetaNXT collects information that may be used to identify, describe, or link to people who visit our Site or request information about our product or the products of third parties. We collect and process personal data mainly from our customers and suppliers while doing business with them and we collect and receive personal data on this Site and through social networks. The personal data we process consists primarily of business contact information from our clients and suppliers and information you and our customers provide when using our products or accessing our websites or other applications.
We also collect and collate information (including some personal data) from third-party suppliers and public sources. We process the personal information to provide our services to our customers, to fulfill our contractual obligations and to improve our products and offerings. For more information on our processing activities, please review the sections below.
A. Personal data that we collect when you use the site
We collect several types of information and personal data, including data:
- that relates to an identified or identifiable individual, such as name, postal address, email address, telephone number, IP or MAC address, etc. and related information, such as the contents of an email ("personal data");
- about your internet connection, the equipment you use to access our Site and usage details (e.g., statistics) regarding our products ("usage information");
- about browsing history, search history, information regarding the consumers interaction with a website, application, or advertisement; and
- inferences drawn from any of the information identified above, such as information used to create a profile of consumer's preferences.
We collect this information and personal data:
- directly from you and your employees when you or they provide it to us;
- automatically as you or your employees navigate through the Site or use our products. Information and personal data collected automatically may include usage information, IP addresses, and information and personal data collected through cookies, collected information from your use of our Site, including search queries, surveys and content clicks, web beacons, and other tracking technologies;
- from public and third-party sources. Third-party advertisers or their advertising servers, or other third-party service providers may also place cookies on your devices used to access our Site.
B. Personal data you provide to us
You may provide personal data to Us through your use of our Site or services, or when you apply for employment with us. The personal data we collect may include:
- personal data that you provide by conducting business with us, by filling in forms on our Site or anywhere else we conduct business, by subscribing to newsletters or other communications, or by corresponding with us by phone, e-mail or otherwise using our contact details. This includes personal data provided at the time of requesting information or services, soliciting business, or performing a service. We may also ask you for personal data when you enter a contract with us, or a contest or promotion sponsored by us, and when you report a problem;
- identifiers, including name, address, unique identifiers, account name, and job title;
- records and copies of your correspondence (including email addresses);
- your responses to surveys that we might ask you to complete for research purposes;
- your search queries on the Site;
- personal data you provide during the contractual relationship for execution of the supplier or customer contract;
- personal data you provide by using our incident management and project management tools and applications;
- personal data you provide by communicating with our customer care teams for error resolving issues, training and support;
- your usage of our products and related tools and applications.
Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to conduct business with you or to resolve any inquiries or complaints.
We will indicate to you when personal data is required to enter into a contract with you (such as in anticipation of a services agreement) or to perform a contract with you (such as to provide services at your request), and when failure to provide any personal data may result in our inability to provide requested services or products.
- data about you: including but not limited toas your forename, surname, gender, nationality, date of birth, home contact details (e.g., address, telephone number, e-mail), immigration and eligibility to work data;
- data about your employment history and qualifications: qualifications, references, CV and application form, background checks and verification of information from LinkedIn or similar social media profile;
- data about your application: such as interview notes or assessment results; and
- legal and criminal records data: legal records data are processed only in compliance with the applicable laws and in specific circumstances (e.g., background checks for senior roles or roles handling sensitive information).
You may give us the personal data described above during the recruitment process, whether through the application forms on our online job portal, on the telephone or at interviews. We partner with certain third-party jobsites, such as LinkedIn or JobCentre Plus, and may receive your personal data via these organizations.
C. Personal data we collect through automatic data collection technologies
D. Personal data we collect from public sources and third parties
In order to provide our content services to our customers, we rely on content provided by third-party suppliers, as well as content that is made available to the public. Some of that content includes general information about names of directors, registered board members, managers, fund managers and other official persons of companies published on public accessible websites, letterheads, prospects, annual financial statements, invitations to shareholder meetings etc.
During the job recruitment process, we may also receive personal data about you from other third parties; for example, recruiters; references from a previous employer; business partners; background check providers; as well as from publicly available sources such as social media.
Lawful Grounds for Processing
All processing and use of your personal data is justified by a "lawful ground" for processing. In the majority of cases, processing will be justified on the lawful ground that:
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request, such as to negotiate a contract with us, to fill an order, or to provide product information that you have requested;
- the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
- the processing is in our legitimate interests, which are not overridden by the interests and rights of the relevant individual whose personal data is collected; and
- you have consented to the processing.
Where we rely on our legitimate interests to process personal data, those interests are:
- to use supplier, customer and website user data to conduct and develop our business activities and improve our services in order to grow our business and profitability, while limiting the use of this personal data to purposes that support the conduct and the development of our business and the improvement of our services;
- to use third-party supplier and publicly available content (which in some instances includes personal data) to provide our content services to customers for their business purposes, which may include, but not be limited to taking investment decisions or compliance with applicable laws and regulations such as insider trading regulations and anti-bribery legislation, but which are for our customers to determine and explain in their privacy notices.
How We Use Your Personal Data
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
We use the personal data we collect to:
- provide customer services, including products and services; to take, verify, process, and deliver orders and returns; to process payments, technical support, or other similar purposes; and to establish and maintain customer accounts;
- address your inquiries associated with the information you provide to us;
- provide training and after-sales-support on our products and answer to and perform change requests;
- organize and perform incident management processes;
- implement projects by working together with customers and their users as part of the project team;
- communicate with customers and suppliers, including responding to requests for assistance and to update them about the status of their orders by postal mail, email, telephone, or text message;
- investigate, prevent or take action regarding unauthorized use of our services, illegal activities, suspected fraud or situations involving potential threats;
- provide you with underlying tools and applications helping to implement projects and resolve incidents;
- discuss, carry out and implement change request and further developments of our products;
- provide our content services to our customers and to report and administer customers' users' usage of third-party information products (e.g., real-time data from stock exchanges etc.);
- administer and manage performance of purchase or sales agreements with our suppliers and customers;
- to enhance the experience for our users, we use notes relating to support provided to specific employees, advisors or agents of customers in relation to our products and services for their future use of our services;
- service your account;
- to the extent it is lawful to do so, market and promote our products including through email or equivalent electronic means, to send news and newsletters, special offers and promotions, or to otherwise contact customers about products, services or information;
- process, evaluate and complete certain transactions involving the Site, and more generally transactions involving BetaNXT's products and services;
- operate, evaluate, maintain, improve and develop the Site (including by monitoring and analyzing trends, tracking user behavior, access to, and, where lawful to do so, use of the Site for advertising and marketing);
- to the extent it is lawful to do so, engage with you about events, promotions, the Site and BetaNXT products and services and send you emails, event notifications, invitations, newsletters, announcements, and other communications regarding matters that may be of interest to you;
- facilitate your job application process;
- provide you with documentation or communications which you have requested, or which is part of a product;
- correspond with users to resolve their queries or complaints;
- protect the security of the Site, BetaNXT confidential and proprietary information (which may include personal data), and BetaNXT employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
- share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.
BetaNXT will not sell or rent your personal data you provided to us to third parties for their own use; however, we may provide third parties with your personal data where there is a legal requirement to do so or where we need a third party to fulfill our services.
Sharing and Disclosure of Your Personal Data
When you have provided personal data to us, we may disclose personal data to other companies that we have engaged to assist us in providing you goods or services. This may include the following service providers:
- fulfillment houses;
- billing services;
- transaction managers;
- credit verification services;
- market researchers; and
- other third-party service providers.
We do not sell or rent personal data to third parties for their own use but may provide certain usage information to advertisers to help provide you with relevant advertising where we are allowed to do so. Usage information, as used in this policy, is anonymized and aggregated data, which does not identify you in the way Personal Data would.
We may also disclose any of your personal data or usage information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, as may be required by applicable law, or, as we may deem necessary in our sole discretion, in order to protect our legitimate legal and business interests.
We may also share your personal data in connection with the recruitment or employment application process, including sharing that data with:
- BetaNXT affiliates;
- IT service providers;
- companies providing BetaNXT background check services; and
- payroll systems.
If your application for employment with BetaNXT is successful, you will be provided with a separate notice during your on-boarding process, which will provide you with additional information.
We reserve the right to disclose, share, or otherwise transfer personal data and usage information in connection with a proposed or actual corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of our assets, or other fundamental corporate change, whatever form it may take. In the event that there is a change of ownership or control of your personal data or usage information, we will post a prominent notice to that effect on our Site.
Transferring Personal Data
BetaNXT is a global organization headquartered in the United States, and we may need to transfer your personal data to third-party suppliers and to our affiliates for the purposes described above. If your personal data is subject to the GDPR and is transferred outside the EU to other BetaNXT affiliates or to third-party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes. For transfers of personal data among BetaNXT affiliates we have put in place European Commission-approved Standard Contractual Clauses and have entered into an Intragroup data transfer agreement. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU, although please note that we may need to redact copies of transfer agreements for reasons of commercial confidentiality, provided that you can retain access to the relevant safeguards.
With respect to the information you provide to us through the recruitment or employment process, we may share and transfer your data with other members of the BetaNXT Group located globally (including in countries outside EU/EEA, such as the United States of America, India and the Philippines). BetaNXT has adopted an Intra-Group Data Transfer Agreement to ensure your personal data receives an adequate level of protection wherever it is processed within the BetaNXT group.
BetaNXT reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
Retention of Your Personal Data
We keep personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of customer and supplier dealings. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax or accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required in accordance with our document retention policy.
With respect to personal data we obtain from job applicants through the recruitment process, our general approach is to retain your application for a period of 6 months or, where you consent to a longer period of retention, for up to 2 years following the closure of the recruitment process for the role you applied for. Otherwise, you should note that, in certain cases, legal or regulatory obligations require us to retain specific records for a set period of time. If you accept employment with BetaNXT, your personal data will be held on the basis set out in our Employee Data Privacy Notice, which will be shared with you following your hiring.
You may have certain rights in connection with the personal data we collect from you or that you provide to us. Depending on where you reside, these rights may be specifically provided to you by statute. We will take steps in accordance with applicable legislation to keep personal data accurate, complete, and up to date.
Specifically, you may be entitled to exercise the below rights in connection with your personal data:
- request that BetaNXT disclose our collection and use of your personal data during the past 12 months;
- request that we provide your personal data to you in structured, commonly used and machine-readable format;
- request that we correct any inadequate, incomplete, or incorrect personal data we hold;
- request that we delete your personal data;
- request that we restrict processing of your personal data;
- object to processing or withdraw your consent for processing (including profiling) based on legitimate interest lawful grounds, without affecting the lawfulness of processing before withdrawal;
- object to direct marketing (including profiling); or
- file a complaint with the applicable supervisory authority.
Additionally, job applicants specifically have the following rights with respect to personal data:
- withdraw your consent at any time; for example, if you are no longer happy for us to retain your unsuccessful application for an extended period of up to 2 years;
- request that we restrict our processing of your personal data where:
- you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise, or defense of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether BetaNXT has compelling legitimate grounds to continue processing.
We will not discriminate against you in any way if you elect to exercise any of the above rights. Please contact us as indicated in the How To Contact Us section below or using the email-address: info@BetaNXT.com if you desire to exercise any of your rights, or if you have any questions or complaints regarding the processing of your personal data.
We may need to request additional information from you to respond to your request to exercise any of the above rights. We will respond to your verifiable request and to take action with respect to your request within 45 days. If we require additional time to disclose and or delete your personal information as provided under applicable law, we will inform you within 45 days of your request.
To the extent allowed under applicable law, BetaNXT may decline to comply with certain data deletion requests in the event that your personal data is required to:
- complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of a business's ongoing business relationship with you, or otherwise perform a contract between BetaNXT and you;
- detect security incidents, protect against malicious deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- debug to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- comply with applicable laws or legal obligations;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to that research, if you have provided informed consent;
- enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; or
- otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided information.
This Site is not intended or directed to anyone under the age of 16 and we do not provide services to anyone who we know to be under the age of 18, nor do we collect any personal information from anyone who we know to be under the age of 18. If you are under the age of 16, you should use this Site only with the involvement of a parent or guardian and should not submit any personal information to us.
BetaNXT takes reasonable precautions to protect personal data from loss, misuse, unauthorized access, disclosure, altercation, and destruction. Unfortunately, while we work hard to ensure the security of your personal data while it is on our systems, no security measures are perfect, and data transmitted over the Internet is not guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any personal data you transmit, and you do so at your own risk.
Where we have given you (or where you have chosen) a password to access certain parts of our jobsites, you are responsible for keeping this password confidential. We request that you do not share a password with anyone. You are responsible for the confidentiality of the password related to your account.
Links to Other Websites
Our Site may provide links to other websites for your convenience and information. These websites may operate independently from BetaNXT. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by BetaNXT, we are not responsible for the websites' content, any use of the websites, or the privacy practices of the websites.
Changes to Our Privacy Notice
This Privacy Notice may be amended from time to time. Please review it periodically. Changes to this Notice will be identified by the date at the top of this page.
How to Contact Us
If you have any questions or comments about this Privacy Notice, BetaNXT's privacy practices or if you would like us to exercise any of your data subject rights, please contact us as provided below:
Beta Plus Technologies, Inc.
7 World Trade Center, 47th Floor
New York, NY 10007
The following terms and conditions govern your use of this website and all content, services, and products available on or through the website (taken together, the "Site"). The Site is owned and operated by Beta Plus Technologies,Inc. and its affiliates (together, "BetaNXT") as a service to its clients and investors and may be used for informational purposes only. Access to and use of the Site is subject to your acceptance without modification of all the terms and conditions contained herein, and all other operating rules, policies, and terms on this Site and any applicable written agreements with BetaNXT (which, in the event of a conflict with this terms and conditions, shall govern). If you do not agree to these terms, do not use the Site or download any materials from it. If you do not agree to the terms, or if you cannot remain in compliance with these terms, you may not access or use the Site. If you are accepting these terms on behalf of a legal entity other than yourself as an individual, including a business or a government body, you represent and warrant that you have full legal authority to bind that entity to these terms.
BetaNXT may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
ELIGIBILITY: You are not eligible to use the Site if doing so would violate any law or regulation, including but not limited to export controls or restrictions.
This Site is not intended for use for individuals under the age of 18. You must be over the age of 18 to register an account on the Site. By registering an account, you represent that you meet this minimum age requirement. In any case, you affirm that you are over the age of 16, as the Site and the services are not intended for use by children under 16.
ACCOUNT RESPONSIBILITY: You are responsible for maintaining the security and confidentiality of your account and password, and you are fully responsible for all activities that occur under your account, whether by you or anyone else. You may not create or use an account for anyone other than yourself. You must immediately notify BetaNXT of any unauthorized uses of your account or any other breaches of security. BetaNXT will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of these acts or omissions. BetaNXT will not be liable for any loss that you or any other third party may incur as a result of someone else's use of your account or password, either with or without your knowledge. BetaNXT may hold you liable for any losses incurred by BetaNXT or any other party due to someone else's use of your account or password.
LICENSE: As long as you are in compliance with these terms and other applicable BetaNXT policies, we grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Site, and to access and receive services that are intended for public display or access. Any rights not explicitly granted to you in these terms are strictly withheld and reserved by BetaNXT.
You agree that: (1) you will not copy or distribute any part of the Site or services in any medium without our prior written authorization, except as is necessary to your normal use of the Site; (2) you will not alter or modify any part of the Site other than is necessary to use the Site for its intended purposes; and (3) you will otherwise comply with these terms and all other applicable BetaNXT policies.
INTELLECTUAL PROPERTY INFORMATION: Unless otherwise noted, product names, designs, logos, titles, text, images, audio, video and other content within this Site are the trademarks, service marks, trade names, copyrights or other property of BetaNXT ("BetaNXT's Intellectual Property") or its third-party content providers ("Third-Party Intellectual Property"). The "look" and "feel" of the Site (including color combinations, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark law. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BetaNXT's Intellectual Property or Third-Party Intellectual Property displayed on the Site without the written permission of BetaNXT. All rights in and to the Site and its content are retained by BetaNXT. You acknowledge and agree that the contents of this Site, including BetaNXT's Intellectual Property and Third-Party Intellectual Property, are protected by the copyright laws of the United States and other foreign jurisdictions. For additional information on the Site's copyright protections, refer to the copyright notice in the Site (www.BetaNXT.com) footer.
To obtain permission to use BetaNXT's Intellectual Property or Third-Party Intellectual Property, send an e-mail to info@BetaNXT.com. Note that no portion may be reproduced in any form, or by any means, without the prior written consent of BetaNXT. To obtain reproduction consent, send an e-mail to info@BetaNXT.com.
You may download single copies of material contained on this Site for non-commercial, personal use subject to the provisions below and provided that you also retain all copyright and other proprietary notices contained on the materials. If you do not agree to these terms, do not use the Site or download any materials from it.
As BetaNXT asks others to respect its intellectual property rights, it respects the intellectual property rights of others, pursuant to the Acceptable Use Policy below. If you believe that material located on the Site violates your copyright, you are encouraged to notify BetaNXT at Legal@BetaNXT.com. BetaNXT will respond to all notices and, if required or appropriate, may take the following actions: (1) removing the infringing material or disabling all links to the infringing material or (2) terminating a user's access to and use of the Site if, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of BetaNXT or others.
USER SUBMISSIONS: Any content, material, information, or other communication, including, without limitation, data, questions, comments, feedback, suggestions, or the like (collectively, the "Communications"), that you transmit or post to this Site will be considered non-confidential and non-proprietary. If you transmit or post any Communications to this Site, you grant BetaNXT a world-wide, royalty free, fully paid, perpetual, irrevocable, and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, and otherwise exploit those Communications throughout the world in any form, media, or technology, whether now known or hereafter devised or developed. BetaNXT will have no obligations in connection with any of the Communications, including, to the extent permitted by law, any obligation to retain or provide you with copies of your Communications or to guarantee any confidentiality with respect to your Communications.
BetaNXT cannot prevent the "harvesting" of information from this Site, and you may be contacted by BetaNXT or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, any Communications, including all data, images, sounds, text, and other things embodied therein, may be edited by or on behalf of BetaNXT, may or may not be posted to this Site and may be used by BetaNXT for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting, all at the sole discretion of BetaNXT. The Communications may be used by BetaNXT for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing, and marketing products using this information.
ACCEPTABLE USE POLICY: You are prohibited from:
- using the Site in any way that violates applicable laws or regulations;
- posting or transmitting to this Site any Communications that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law;
- posting or transmitting any Communications that could constitute or encourage conduct that would be considered harmful, fraudulent, infringing, offensive, illegal or give rise to civil liability;
- posting or transmitting any Communications that contain any viruses, worms, malware, Trojan horses or other harmful, destructive or contaminating content;
- posting or transmitting any unsolicited messages, promotions, advertising, or solicitations (like "spam") or that is machine- or randomly-generated;
- copying, modifying, publishing, transmitting, distributing, transferring, selling, creating derivatives of, or in any way exploiting, any material accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated gathering or extraction tools, program, algorithm or methodology, unless you obtain BetaNXT's prior written consent;
- using the Site to advertise, market, sell or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;
- using this Site in any way to violate the security or integrity of any network, computer or communications system, software application, or network or computing device or otherwise attempt to disrupt or tamper with BetaNXT servers;
- modifying, adapting, translating, copying, reverse engineering, scraping, crawling, decompiling, or disassembling any portion of the Site;
- attempting to probe, scan, or test the vulnerability of a system or network of the Site or attempting to breach security or authentication measures without proper authorization;
- taking any action that imposes, or may impose, in BetaNXT's sole discretion, an unreasonable or disproportionately large load on our infrastructure,
- attempting to gain unauthorized access to any of the Site or other accounts through hacking, password mining or other means; or
- using or encouraging, promoting, facilitating, or instructing others to use the Site in any matter not explicitly permitted under these terms.
BetaNXT has the right (but not the obligation) to monitor activity on the Site and investigate any violation of this Agreement or misuse of the Site. If you become aware of any violation of this Agreement or misuse of the Site, you must immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. BetaNXT will cooperate fully with any law enforcement authorities or court order requesting or directing BetaNXT to disclose the identity of or help identify or locate anyone posting any information or materials. BetaNXT further has the right (but not the obligation) to refuse or remove any Communications from this Site or terminate or deny access to and use of the Site for any reason. BetaNXT is under no obligation to enforce these terms on your behalf against another user. BetaNXT reserves the right to take appropriate action in its sole discretion.
You hereby represent and warrant that (a) your use of the Site will not infringe the proprietary rights of any third party; (b) your use of the Site will be in strict accordance with these and any other applicable terms and with all applicable laws and regulations; and (c) that any Communication you post or transmit to the Site is accurate.
Notwithstanding the foregoing rules of conduct, BetaNXT retains an unlimited right to terminate your access to the Site, subject to applicable law, which shall not be limited to violations of the Acceptable Use Policy above.
USER RESPONSIBILITY: BetaNXT has not reviewed, and cannot review, all of the Communications and material posted by third parties to the Site, and therefore cannot be responsible for its content, use or effects. By operating the Site, BetaNXT does not represent or imply that it endorses the material there posted, or that it believes the material to be accurate, useful, lawful, or non-harmful. Neither BetaNXT nor any of this third-party suppliers guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Communications and material accessible through the Site.
Additionally, the information provided on this Site by BetaNXT speaks only as of the respective dates on which the information was first created. This information can become out-of-date. BetaNXT makes no commitment, and disclaims any duty, to update any of this information, except as expressly stated on this Site. You use this Site at your own risk and are responsible for taking precautions as necessary to protect yourself and your computer systems.
LINKS TO OTHER MATERIALS: The Site may contain links to the websites of third parties on which you may be able to obtain information or use services. The linked sites are not under the control of BetaNXT, and BetaNXT is not responsible for the content, including, without limitation, the truthfulness or accuracy of any statement or other content, of any linked site or any link contained in a linked site. BetaNXT reserves the right to terminate any link or linking program at any time. BetaNXT has not reviewed all the information contained in the linked sites and does not endorse the companies, products, or sites to which it links and reserves the right to note throughout the Site. If you decide to access any of the third-party sites linked to our Site, you do this entirely at your own risk.
DISCLAIMER AND LIMITATION OF LIABILITY: USE OF THIS WEBSITE IS AT YOUR OWN RISK. BY USING THE SITE, YOU AGREE AND ACKNOWLEDGE THAT THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE CASE OF DISSATISFACTION WITH THIS SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUANCE OF ACCESS TO OR USE OF THE SITE.
WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL BETANXT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BetaNXT assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. BetaNXT and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. BetaNXT may make changes to or discontinue any or all of these materials, or the products described therein, at any time without notice. BetaNXT makes no commitment to update the information on this Site.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, SUCCESSORS, LICENSORS, BUSINESS PARTNERS, HEIRS, OR ASSIGNS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE TO YOU BASED ON OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES, EVEN IF WE OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AND ARE VOID WHERE PROHIBITED.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless BetaNXT, its contractors, and its third-party suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, costs, liabilities and expenses (including attorneys' fees) arising out of your use of the Site, including but not limited to your violation of these terms. BetaNXT reserves the right, at your expense, to control the defense of these claims. You agree not to settle any claims without BetaNXT's written consent. You agree to notify BetaNXT immediately in writing of any claims. This defense and indemnification obligation will survive these terms and your use of the Site.
TERMINATION: BetaNXT may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effectively immediately. If you wish to terminate these terms, or your user account (if you have one), you may simply discontinue using the Site. All provisions of these terms which by their nature should survive termination shall survive, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
APPLICABLE LAWS, DISPUTES, AND JURISDICTION: This Site is controlled by BetaNXT from its offices located in the State of New York within the United States of America. BetaNXT does not make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where the content of this Site is illegal is prohibited. Although this Site may be viewed internationally and may contain references to products and services not available in all countries, references do not imply that BetaNXT intends to make products or services available in all countries and territories. You may neither use, export nor re-export the materials at this Site, nor may you use any copy or adaptation of materials, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
You agree that any claim or dispute arising out of or relating in any way to your use of the Site, or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
Except to the extent applicable law provides otherwise, these terms, any access to or use of the Site, will be governed by the laws of the State of New York within the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal course located in New York. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT. Arbitration under this Agreement will be conducted by the American Arbitration Association ("AAA") under its rules then in effect. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
Notwithstanding the foregoing, you agree that we may sue in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Site or us, may only be brought by you in a state or federal court located in NEW YORK. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
GENERAL: If any part of these terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these terms or any breach thereof, in any one instance, will not waive term or condition or any subsequent breach thereof. You may not assign or otherwise transfer your rights under this Agreement to any party, including by operation of law. BetaNXT may assign or otherwise transfer its rights under this Agreement without condition. This Agreement will be binding upon and will inure the benefit of the parties, their successors and permitted assigns.
ANTI SLAVERY POLICY
As a global software and solutions provider, we are committed to combatting slavery and human trafficking. Our employees are expected to report concerns using the appropriate reporting channels, and management are expected to escalate and/or address these concerns immediately. We are proud of the corporate social responsibility work we carry out in our local communities around the world. As we expand into new markets, we ensure that corporate social responsibility is an integral part of our business development plans.
Our Supply Chains
BetaNXT is not in an industry with a high risk of modern slavery or human trafficking. Our supply chains include suppliers based throughout the world that provide a range of services and products, from third-party data to IT infrastructure and local food service. BetaNXT is committed to high professional standards and business ethics, and we expect the same from our suppliers. All suppliers are expected to comply with applicable local and national laws, policies and regulations.