Beta Participant Agreement (BPA) Terms & Conditions
THE IMPORTANT BIT (we’ve tried to keep it brief but really need you to understand it)
Our website, ju-go.com (the “Product”) is an online service owned and operated by Red Fin Solutions Limited (“Red Fin Solutions”, “Jugo”, “we”, “us” or “our”), which enables individuals or businesses to collaborate, source, buy and sell within the technology market place.
The following terms and conditions are in addition to our general T&C’s and form a legal agreement between you and Jugo.
By clicking the “Accept” button you are confirming that you understand and accept these terms and conditions and that you agree to be bound by them. You must not proceed if:
- You are under the age of 18
“Customer” means the person, business and/or its representatives who agree to use the site under Beta conditions.
“Beta Phase” means the period of time during which the site remains under development and likely to change. Once the Beta Phase has concluded the site will effectively be live and operational at which point all users will be notified.
“Feedback” means suggestions, comments, improvements, ideas or other feedback provided by the Customer which relate to the Product.
“Product” means the website identified as www.ju-go.com.
2. Beta Plan
The Customer agrees to access the Product on a free of charge basis for the Beta Phase, and Jugo hereby grants the Customer the right to do so subject to the terms and conditions herein. The Customer acknowledges that the Product is still under development and therefore may contain errors and/or bugs.
Due to the nature of this agreement you must not:
- Disassemble, reverse engineer, decompile the Product or any part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Product;
- Interfere with or disrupt the integrity or performance of the Product;
- Use the Product in violation of any applicable law or regulation or any right of any third party;
- Attempt to gain unauthorised access to the Product or its related software, systems, platforms or networks;
- Use any components provided with the Product separately from Product;
- Access the Product for benchmarking or competitive purposes;
- Modify, delete or remove any ownership, title, trademark or copyright notices from the Product; or
- Use the Product for any purpose other than as specifically provided in this Agreement.
Either party may terminate this Agreement at any time for any or no reason upon written notice to the other party (see Section 10 – Contact Details). Under these circumstances the Jugo Administration team will delete any account details that have been created by the Customer along with any active/inactive posts.
If the Customer has created a new Jugo account during the Beta Phase, it will remain active beyond the conclusion of the Beta Phase. If you would like your account to be deleted after the Beta Phase please contact us at email@example.com. The Jugo Administration team will delete the account and send a confirmation email back to the Customer.
You are encouraged, but not obliged, to provide suggestions, enhancement requests, and recommendations regarding the Beta Product. Feedback shall include informing Jugo about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Beta Product.
Jugo may contact you to discuss such Feedback and may without restriction or fee use, modify and incorporate this Feedback into the Beta Product. Jugo may also make modifications or changes to the Beta Product at any time in response to Feedback however due to the iterative nature of testing and development Jugo is not obliged to inform you before such changes are made.
All Feedback is provided at the sole discretion of the Customer and hereby assigns to Jugo all right, title and interest in the Feedback, including all intellectual property rights therein.
5. Intellectual Property
Jugo maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights associated with the Product (collectively, “Intellectual Property Rights”).
Subject only to the limited rights to access and use the Beta Product as expressly provided herein, all rights, title and interest in and to the Beta Product and all hardware, software and other components of or used to provide the Beta Product, including all related Intellectual Property Rights, will remain with and belong exclusively to Jugo.
Where necessary Jugo will endeavour to provide the Customer with certain support and consultation services with respect to the Beta Product free of charge to assist in the evaluation and testing activities under this Agreement. However, Jugo is not obliged to correct any bugs, defects, or errors in the Beta Product or otherwise support or maintain the Beta Product. Jugo may discontinue any support or consulting services at any time.
Jugo will endeavour to keep all Customers updated with progress and changes via email using the contact details provided by the Customer.
7. Confidential Information
In the course of their relationship, the parties may disclose to each other information identified at the time of disclosure as confidential (“Confidential Information”), which may include information concerning their respective businesses and technology. All Confidential Information will remain the property of the disclosing party, and the receiving party will have no interest in or rights to such Confidential Information except as necessary to accomplish the purposes of this Agreement.
Each party agrees to maintain all Confidential Information of the other party in confidence, to not use or disclose any Confidential Information of the other party except as expressly permitted by this Agreement, to restrict access to the other party’s Confidential Information to its employees and contractors who have a need to have access to the Confidential Information and who are bound by confidentiality obligations at least as restrictive as those set forth in this Agreement, and to take all reasonable precautions to prevent any unauthorised disclosure of such information.
Please note, the above restrictions on use and disclosure of Confidential Information do not apply to information that:
- Is in the possession of the receiving party at the time of its disclosure and is not otherwise subject to obligations of confidentiality;
- Is or becomes publicly known through no wrongful act or omission of the receiving party; or
- Is received, without restriction, from a third party free to disclose it without obligation to the disclosing party.
8. Disclaimer of Warranties
The Beta Product is provided “As Is”. Jugo makes no representations or warranties, express or implied, that the Beta Product and its services will be uninterrupted or error free. For the avoidance of doubt, the Beta Product is pre-release, is expected to contain defects and is not expected to operate at the level of performance or compatibility of a final version.
The Beta Product may not operate accurately and may be substantially modified prior to public availability or withdrawn at any time by us. Accordingly, access to and use of the Beta Product is entirely at the Customers own risk and in no event shall Jugo be liable for any damage whatsoever arising out of the use of, or inability to use, the Beta Product.
Jugo therefore recommends that you safeguard and backup any important data, to use caution and not to rely in any way on the correct and stable functioning or performance of the Beta Product.
The Customer agrees to indemnify and hold Jugo, its directors and employees harmless from any losses that result from any claims related to Customer’s (or its Users) access, use or misuse of the Product, or any act or omission by the Customer or its Users in violation of this Agreement.
10. Contact Details
For general queries, advice or support please contact Jugo at:
To request an account is deleted, please contact Jugo at:
This Agreement does not create a partnership, agency relationship, or joint venture between the parties. Any assignment of this Agreement by the Customer in whole or in part without Jugo’s prior written consent will be null and void.
If this Agreement is translated into a language other than English, the translation is for convenience only, and the English language version will govern.
If any provision of this Agreement is unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention and the remaining provisions will not be affected.
Failure of Jugo to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
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