Terms of Service
TERMS OF SERVICE
Welcome to VAIOX (referred to in these Terms of Service as ‘this site’ or ‘the site’). VAIOX is a trade name of Force International CVBA, with registered ofﬁces at 2440 Geel (Belgium), Kleinhoefstraat 5/19 and with registration number 0647.631.485.
Please note that all references to ‘VAIOX’ or to ‘we’, ‘us’ or ‘our’ on this site are to be construed as references to Force International CVBA.
These Terms of Service apply to the Service (also future) which VAIOX provides through this site and to all of the products of VAIOX. If you do not agree to these Terms of Service, you are not allowed to register as a member/user of the Service.
VAIOX may change these terms and conditions at any time, with or without notice to you. Any changes will take eﬀect on the date they are posted on this site. Your terms and conditions shall not be applicable and shall not be opposable to us.
LANGUAGE OF THE TERMS
Where VAIOX has provided you with a translation of the English language version of these Terms of Service, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with VAIOX.
If there is any contradiction between the English language version of these Terms of Service and the translation, then the English language version shall take precedence.
The Service offered by this site allows registered members to use all of the applications of the multifunctional platform. The Service includes certain communications such as service announcements and commercial advertisements. Since these kind of communications are part of the registration, you speciﬁcally agree herewith, which means that you will not opt out of receiving them.
VAIOX is constantly innovating in order to provide the best possible experience for its members. VAIOX therefore reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice to you. We shall not be liable to you or any third party if we exercise this right to modify, suspend or discontinue the Service.
As part of this continuing innovation, you acknowledge and agree that VAIOX may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to all members generally at VAIOX' sole discretion, without prior notice to you.
In order to be able to use the Service you need to have access to the Internet and you need to ensure that your mobile network operator supports data traffic delivery. It is your responsibility to provide for all equipment necessary to access the Service and/or this site.
Although the Service is free of charge, access to the Service most likely will involve third-party fees (ISP, telecommunications operator, etc.). We are not responsible for what they charge nor for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
ELIGIBILITY FOR THE SERVICE
If you are under the age of 16 you are not eligible to register as a member and/or use the Service. If you are older than 16 and a minor following your local legislation, you will need to obtain consent from your parent(s) or other legal guardian(s) for registering as a member of the Service.
By registration you conﬁrm that these Terms of Service are unambiguously clear to you, that you understand and agree to these Terms of Service and that you are of legal age to form a binding contract or obtained consent from your parent(s) or other legal guardian(s) for registering as a member.
You commit yourself to keep your registration information up to date, including, but not limited to, contact information, in order to enable proper and accurate Service.
Upon registration as a member you will be assigned a member account with your personal member name and password. Your registration is personal and cannot be transferred.
Please be aware that when you register in Vaiox and your member account is assigned to you, you are automatically registered in several other affiliate structures, which all have their proper Terms & Services, Privacy Policies and Earnings & Compensation Disclosure. In this case, when you register in Vaiox, you are automatically registered in Cherryfile and Fortunity Alliance Network. Furthermore, several products distributed by the firm IrisCall are equally linked to Vaiox's services, specifically Vaiox Out and the Vaiox App, for MobileSservices. Please be aware that a registration for these latter products will only be applicable from the moment a client executes a payment to use 1 or multiple specific products in Vaiox or IrisCall.
You agree and understand that you are responsible for maintaining the conﬁdentiality of your passwords associated with any account you use to access the Service.
You may not use anyone else's account at any time or permit anyone else to use your account. Actions taken using your valid member name and/or password, are assumed by us to be taken by you and thus you are personally responsible for such actions. If your member name and/or password is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us by emailing to firstname.lastname@example.org.
You may at any time terminate your account via email@example.com. Please note that after termination you will no longer have access to the Service.
By providing us with personal data (your name, password and email address), you consent to us collecting and processing this information for execution of the Service, like for customer care services or sending announcements.
VAIOX will take all reasonable precautions to keep these details secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
You acknowledge and agree that we disclose this information in response to a valid order of a court or other governmental body, to enforce these Terms of Service, or to respond to claims regarding this information.
If you need to update your contact information, and you need help, please contact us at firstname.lastname@example.org.
USE OF THE SERVICE
You agree to use the Service only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) the service by any means other than through the interface that is provided by VAIOX, unless you have been speciﬁcally allowed to do so in a separate agreement with VAIOX. You speciﬁcally agree not to access (or attempt to access) the service through any automated means (including use of scripts or web crawlers).
Further, concerning the use of the Service and this site, you understand and agree, and are solely responsible for:
- not to register with, or otherwise use, a false e-mail address, impersonate any person or entity, falsely state or otherwise misrepresent your aﬃliation with a person or entity, use another members password, forge headers or otherwise manipulate identiﬁcation information;
- not to make any recommendation or send invitations to register as a member to non- members who are under the age of 16.
- not to use the Service for illegal purposes or to suggest or encourage any illegal activity including without limitation: engaging in phishing or otherwise obtaining ﬁnancial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- to comply with all local rules regarding online conduct and acceptable content;
- not to upload, transmit or otherwise make available any Content (being data or materials like widgets, software, graphics, messages, photographs, etc.) that we may reasonably deem to be unlawful, misleading, harmful, a tool to stalk or harass another person, fraudulent, obscene, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, or violates or infringes any intellectual property right of others;
- acquire a prior consent for any link or reference to a third party;
- not to disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- not to upload, transmit or otherwise make available any Content that contains viruses or any other computer code, ﬁles or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not to interfere with, compromise or disrupt the Service, this site, or servers or networks connected to the Service, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any computer programming routine, ﬁle or device to damage or interfere with the operation of the Site or Service;
- not to upload, transmit, make available or create any unsolicited or unauthorised advertising, promotional materials, bulk e-mail, junk mail, spam, chain letters, pyramid schemes, or any material that enables such;
- Don't engage in activity that violates the privacy of others;
- Don't help others break these rules.
A public forum is subject to many kinds of diﬀerent members/users of diﬀerent age and level of experience and we are not able to guarantee full monitoring of the material posted and published.
Your use of public forum is therefore at your own risk and you are solely responsible for all and any actions you take on a public forum as well as for all and any actions that you take based on information gained on a public forum.
Further, we advise you not to use your full real name or give out your detailed address, phone number or any other personally identiﬁable information about yourself or anybody else on a public forum.
By submitting ideas or suggestions you acknowledge and agree that this information is not conﬁdential or proprietary and that we shall be entitled to use or disclose (or choose not to use or disclose) such information for any purpose, in any way, in any media worldwide and that you are not entitled to any compensation or reimbursement of any kind under any circumstances.
The Service may provide, or third parties may provide, links to other websites on the world wide web operated and owned by third parties. Because we have no control on such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources or liable for any material from such sites or resources. We recommend you upon following a link to a third-party site, to review the applicable terms and conditions for that site before using the site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any such site or resource.
NO WARRANTY ABOUT THIS SITE AND SERVICE
The site and service are provided as a convenience to you. You expressly agree that use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis.
We do not warrant that the use of this site and service or any website linked thereto will be timely, secure, uninterrupted, virus-free or error-free.
You understand and expressly agree that any material and/or data downloaded, upoaded or otherwise obtained through the use of the service or this site is at your own discretion and risk and that you will be solely responsible for any damage to your handset or computer system or loss of data that results from the download or upload of such material and/or data.
No warranty of any kind, either express or implied, including but not limited warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the condition, suitability, availability, accuracy, reliability, merchantability, and/or non-infringement of any services provided hereunder, your own equipment, the internet itself, any public lines and/or operator/carrier networks.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, punitive, consequential or other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the service, non-availability of the site and service, transactions entered into through the service or resulting from unauthorized access to or alteration of your transmissions or data, or any other matter relating to the service or site.
Some Jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability is in such case limited to the greatest extent permitted by law.
NO WARRANTY ABOUT THE CONTENT
You acknowledge that all content accessible or transmitted through this site or the service are the sole responsibility of the person from which such content originated. This means that you, and not we, are solely responsible for all content that you upload, download or otherwise transmit or access via the service of this site.
We do not have any obligation to control or monitor the content posted or otherwise transmitted via the service or this site and as such do not guarantee the accuracy, usefulness, safety, intellectual property rights, integrity or quality of such content.
LIMITATION OF LIABILITY CONCERNING THE CONTENT
Under no circumstances will we be liable in any way for any content, including but not limited to, for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmidded via the service or site, or for your own disclosure of personal data or materials on the site, accessible for members or visitors.
You agree to indemnify and hold VAIOX and its affiliates, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you have submitted or transmitted through the Service or this site, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another, including other members.
VAIOX is a software program that is offered to it's users for free. Otherwise, Force International CVBA would like to inform all her clients that once an upsell in Vaiox, or of every other linked platform, is required or requested by a client a software license needs to be paid for (prices / policies and conditions will be described in the Terms and conditions, as well as in the payment terms per specific product).
- a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code.
- b. The software of Vaiox is licensed, not sold (unless for upsells), and Force International CVBA reserves all rights to the software.
This license does not give you any right to, and you may not:
- i. circumvent or bypass any technological protection measures in or relating to the software or Services;
- ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- iii. separate components of the software or Services for use on different devices;
- iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Force International CVBA expressly authorizes you to do so;
- v. transfer the software, any software licenses, or any rights to access or use the Services;
- vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
VAIOX has the discretionary right to suspend or terminate your right to use the site or the service without prior notice and at any time in case you breach these Terms of Service and/or use this site in a way that we deem inappropriate.
CANCELLING THE SERVICES
You may cancel the Service at any time, with or without cause. To cancel a Service, please contact us at email@example.com.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) is protected by intellectual property and other laws.
You further acknowledge and agree that information contained in sponsor advertisements presented to you through the Service is likewise protected by proprietary and other laws.
You agree to respect these rights and not to modify, reproduce, distribute or create derivative works based on the Service, the Software or information contained in sponsor advertisements, in whole or in part, except in accordance with these Terms of Service and the following.
You may brows the Site on your computer or mobile terminal or other similar devices, as applicable, or printing copies of extracts from these pages for your personal use only and not for redistribution.
VAIOX is a registered trademark of Force International CVBA.
Other Product and company names mentioned on this site may be trademarks or trade names of their respective owners. Your access to this site does not grant you, by implication or otherwise, any license or right to use any marks appearing on the site.
We may remove any information, including but not limited to personal data or data, material or content provided by any of the members, any other data or material at any time and from time to time, at our sole discretion. We shall have no obligation to monitor any of the material provided by you to us and/or to the site and Service, but may do so at our discretion.
If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach them.
In the event that one or more of the terms set out in these Terms of Service is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
STATUTE OF LIMITATIONS
Regardless of any statute or law to the contrary, any claim or cause of action arising out or related to the use of the Service or this site, or these Terms of Service, must be filed within six (6) months after such claim or cause of action arose or be forever barred.
APPLICABLE LAW AND COMPETENT COURTS
You acknowledge that the Service is offered through this site with main webserver situated in the Netherlands. You and we agree that this Agreement is governed by the Laws of Belgium, excluding its conflicts of law rules.
You and we also agree to submit to the exclusive jurisdiction of the Courts of Hasselt (Belgium) for all disputes out or in connection with the Service and arising out or in connection with these Terms of Service.