Terms and Conditions
Last updated: October 10th, 2024
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the
https://webtools.bwe.dev website or Software-as-a-Service (SaaS) platform (the "Service", "Software", "Product", "Account") operated by Better Way Enterprises (also known as "BwE") ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
The Service involves the use of software within a browser and is referred to in this agreement as the "Web Tool," the "Software," and the "Session." The Web Tool cannot run without a browser and is considered virtualized, meaning it does not run locally on the user's device.
- The buyer assumes full responsibility for the suitability and compatibility of their purchase with their PC and or console as well as the usefulness of the products for their given situation and use case. Your use of any of our Products is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- All Products and any services sold by BwE, are non-refundable once the service has been accessed. Access logs are maintained to verify product usage and enforce this policy.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
- All services, along with their original content, features, and functionality are owned by BwE and are protected under copyright laws. The use of any product does not transfer ownership rights to the buyer. Instead, buyers are granted a temporary web session to use the software or product in accordance with the terms specified. The use of the service does not constitute a transfer of title, and under no circumstances does the buyer own the service. Use of the web tools session service is subject to compliance with these Terms and adherence to the use agreement.
- We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Files uploaded or created within the Web Tool Session are stored temporarily for 24 hours and then deleted. During this time, BwE holds temporary custody of the files for the purpose of facilitating, maintaining and updating the Service.
- These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
- BwE may discontinue any product at its discretion, in accordance with the terms outlined. Upon discontinuation, a new product or service may be offered, which may be subject to different terms, including but not limited to a subscription-based model.
- The service purchased may lose its compatibility with your browser or its extensions, it is the customer's responsibility to keep their browser is up to date and understand the requirements for using the service sold by BwE.
- Services sold by BwE are constantly updated, use of older versions of the service by circumvention of security or otherwise may result in the termination of your access to the Service. You must only use the latest available version of all software.
- Buyers may not receive their purchase or may have their access to the Service revoked if their payment was deemed or suggested to be fraudulent by Square or BwE. Ensure you use your own legitimate card, name, email and IP address. Multiple purchases with different names, cards and emails but from the same customer will be deemed suspicious and may result in your access being revoked.
- BwE will only accept card payments that were verified by 3D Secure (AKA EMV 3DS, Visa Secure, SecureCode, Identity Check, ProductBuy, J/Secure, SafeKey). If your card does not support this or you did not complete the steps the payment will be blocked.
- Support for the Service is not guaranteed and is provided at our discretion. We reserve the right to offer or withhold support based on the nature of the issue or your subscription level, if applicable. We do not provide support for discontinued or unsupported features, or for issues arising from third-party products or services.
- Any communication exchanged between BwE and the customer through private channels, such as email or WhatsApp, is intended solely for the recipient and is confidential. Unauthorised publication, distribution, or dissemination of this communication, in any form, will result in immediate termination of all services provided by BwE.
- The buyer agrees not to access, possess, reverse engineer, manipulate, copy, steal, redistribute, misuse, sell, or imitate any of the products or Services that BwE sells or offers without explicit permission.
- Your personal information, including but not limited to your name, address and phone number will be collected by Square and accessed by Better Way Electronics for the purpose of facilitating the purchase and licensing. Better Way Electronics makes use of your Full Name, Address, Email, Phone Number, Receipt Number, Purchase Information, Card Information and anything else provided by Square to facilitate your licensing.
- The software provided by Better Way Electronics may collect the following user information: Email, Receipt Number, Computer Country & Language, IP Addresses, Browser Information, Uploaded Files, Error Codes (from PS5 Code Reader), and Validation Statistics (from PS4 NOR Validator). This information is collected for licensing, support, troubleshooting, digital rights management, customer use analysis, telemetry, and software compatibility assurance. Data is retained for 24 months to support ongoing analysis, statistics, DRM and accountability with regards to licensing or subscription. Licensing information and use-logs are retained for the lifetime or your subscription or license of the software due to its ongoing relevance to licensing and or subscription management as well as DRM. Your rights under the General Data Protection Regulation (GDPR), should you be in the European Union, include accessing, correcting, or deleting your personal data, though this may remove your access to the Service as your licensing and information may become invalid. You can withdraw consent for data processing at any time by contacting Better Way Electronics. We employ advanced security measures to protect your data, including encryption and secure data protocols, except in the case where the application explicitly uses HTTP for transparency (telemetry etc). All data collected by Better Way Electronics is not shared with any third parties.
- Severability, should one part of these terms is found invalid, the rest remain in effect.
- If a purchase is associated with multiple names, the customer name provided by Square will take precedence. This person will be considered the primary correspondent or respondent in case of a breach of the Terms and Conditions. However, if the purpose of using multiple names is to be deceptive or to obfuscate one's identity, or the user is seen to be engaging in such practices post-purchase, all names associated with their account(s) will be banned.
- If a purchase was made or suspected to have been made with a fake or suspicious name, email or IP address your government photo ID will be requested of you to prevent and mitigate fraudulent transactions. Failure to provide this information on request will result in your account(s) being banned.
- If your purchase was made with a JPChase Morgan Bank account it will be rejected and you will not receive any products or services.
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