Introduction
Welcome to Balorá.online, your trusted online destination for authentic company reviews on the vibrant island of Curaçao. Balorá.online is designed to connect consumers and businesses, fostering a culture of trust and transparency in our local community. Our platform is freely accessible to everyone and thrives on openness.
When we mention “our platform,” we are referring to Balorá.online, encompassing our primary website, any sub-domains, sub-directories, related platforms, websites, or mobile applications operated by us and provided to you.
Before embarking on your journey with Balorá.online, we kindly ask you to review these terms of use (referred to as the “terms” henceforth). Understanding these terms is crucial to knowing what we expect from you and what you can expect from us. These terms include reference to:
- Privacy Policy: Our Privacy Policy outlining the data collection practices when you engage with our platform and how your information is handled (refer to section 12 below for details).
- Guidelines for Reviewers: Our Guidelines for Reviewers provide essential information on how to use our platform responsibly. Refer to section 5 below for further details.
- Legal Policies: Our policies, operating rules, and codes published on our Support Center page (“Policies”). Refer to section 5 below for more information.
Whether you’re exploring local businesses, reading reviews, or contributing your own insights, accepting these terms is necessary to establish the legal framework for your rights and responsibilities. Your ongoing access and use of Balorá.online are contingent upon your agreement with these terms. If, at any point, you disagree or cannot comply with these terms, refrain from accessing or using our platform. It’s important to note that your engagement with our platform, in any capacity, falls under the governance of these terms.
Your agreement to these terms can be manifested by either: (a) browsing, accessing, searching, writing a review, or otherwise using our platform; or (b) clicking a box or button, or providing any other positive affirmation indicating your consent to these terms.
For clarity, terms or expressions placed in “quotation marks” retain the same meaning throughout this document. Now, let’s embark on this journey together, ensuring a trustworthy and transparent community at Balorá.online.
Joining and using Balorá.online
1. You and Balorá.online:
When we refer to “you” or “your,” we mean the individual browsing, accessing, searching, writing a review, or otherwise utilizing our platform. “Balorá.online”, “we”, “our”, or “us” pertains to the Balorá.online entity you engage with under these terms, depending on your location. Refer to the “Our contracting entities and governing law” section (section 26) of these terms for information on the specific Balorá.online entity you are contracting with.
2. Third-party products and services:
We may incorporate, present, or link to third-party technology, products, and/or services on our platform. It’s important to note that we neither endorse nor guarantee any such third-party offerings. While we strive for compatibility, we cannot ensure that our platform will seamlessly align with every browser, network, or computer configuration.
3. User account:
To establish a user account, to engage in activities such as leaving reviews, commenting, liking or flagging a review, and other actions (excluding browsing), you can sign in using either your Facebook or Google account. Alternatively, use your email address along with the verification code sent to you. At times, your account may be automatically created and pre-filled with your name, such as when responding to a review invitation post-purchase or after using a service, or when signing up via Facebook.
When creating your account, you’ll need to choose a username for display on the platform when writing reviews, commenting, or generating user content. This includes any reviews, images, or content originating from you on the platform (“user-generated content”). Your chosen username is how you’ll be identified by others. Keep in mind that using your real name as your username may reveal your identity. Your username must not contain:
- Anything harmful, hateful, discriminatory, defamatory, obscene, or illegal.
- Terms such as “Guest,” “Admin,” “.dk,” or “.com,” etc.
- Characteristics belonging to someone else or a third party, like the name of someone other than you.
You take full responsibility for controlling access to your user account:
- Do not allow others to access or use your user account, and refrain from sharing login details, including your email address and verification code. If you suspect any misuse, promptly inform us using the provided form.
- Keep all information associated with your user account, including your email address, up-to-date and complete. You can change your username yourself by logging into your user account.
- Assume responsibility for all activity related to your user account, including reviews, comments, and user-generated content.
- Opt for identity verification on our platform. The process involves selecting a photo ID, capturing an image of it, and taking a selfie. Your information is handled securely, as outlined in our Privacy Policy.
4. Your key responsibilities:
When using our platform, adhere to the following:
- Use our platform in accordance with these terms, our Guidelines for Reviewers, and our policies.
- Be at least 18 years old.
- Refrain from compromising the security or integrity of our platform.
- Avoid activities that may impair functionality or hinder others’ use.
- Do not introduce viruses or malicious code.
- Do not engage in or contribute to fake reviews, misleading content, or offensive material.
- Do not modify, copy, adapt, reproduce, or reverse engineer any part of our platform.
- Respect Balorá.online employees, partners, customers, and fellow users.
5. Our Guidelines for Reviewers and Policies:
When accessing our platform, respect and adhere to our Guidelines for Reviewers and policies, subject to potential updates. Changes to our Guidelines for Reviewers apply immediately without further action on your part.
6. What Balorá.online owns:
Balorá.online holds ownership of all content on our platform, excluding content owned by others, such as reviews (see section 7 below). Our ownership encompasses all rights pertaining to the design, compilation, and overall appearance of our platform, including logos, graphics, and trademarks, collectively referred to as “our brand”. You commit not to copy, distribute, modify, or use any of our platform content or brand in any way not expressly permitted by us. This explicitly means that unauthorized use of our brand or any other content on our platform, including reviews submitted by other users, is prohibited unless we explicitly grant you authorization.
7. What you own:
You possess ownership and responsibility for any user-generated content you submit to or transmit through our platform. By submitting, you also affirm that you have all the required permissions to create and/or use such user-generated content. Unless your user-generated content is removed by us due to a violation of our Guidelines for Reviewers or is voluntarily removed by you, it will persistently remain publicly displayed on our platform and may be accessible on third-party services and networks (such as Google) indefinitely.
8. Balorá.online’s right to use your user-generated content:
By creating, submitting, posting, or displaying user-generated content on our platform, you grant us a license to utilize, modify, publish, and display such content globally, without restrictions, and without any payment to you. This license extends to making your user-generated content accessible to other companies or individuals, including our customers, for various purposes like syndication, distribution, promotion, or publication. Additionally, you authorize us to take legal action against any party using your user-generated content without obtaining prior permission from you and/or Balorá.online. This legal recourse includes, where applicable, a right under section 101A of the Copyright, Designs, and Patents Act 1988.
9. Feedback:
We welcome your feedback, which may be used without restriction or payment. Your provided content or feedback may be utilized at our discretion.
10. Problems and support:
Encountering an issue? Our Support Center is equipped with support articles designed to assist you in resolving most situations. If you’ve already explored our Support Center and still require assistance, you can access additional information about online support for our platform from our dedicated support team. Feel free to reach out to them using this form.
11. Impartiality:
We appreciate your active engagement on our platform, utilizing it to share, explore, listen, and learn about the businesses showcased through our role as an online intermediary. It is imperative that, when using our platform, you exclusively contribute authentic and unbiased reviews and user-generated content that aligns with our Guidelines for Reviewers at all times.
Privacy and Data Use
12. Personal Data:
To provide transparency on how your information is handled, we detail the data collection process when you use our platform. Any personal data collected about you in connection with your platform use will be managed by us in strict accordance with our Privacy Policy.
Confidential Information
13. Keeping it Confidential:
In the course of using our platform, there may be instances where you share confidential information with us, and vice versa. Both parties mutually commit to taking reasonable measures to safeguard each other’s confidential information from unauthorized access by individuals, entities, or third parties. This commitment remains in effect unless the information is shared with our “affiliates” (companies connected to us) or if you provide feedback, which will not be considered confidential information.
Termination and Suspension
14. Our Rights:
We reserve the right to immediately terminate or suspend your access to your user account or filter user-generated content if you violate or threaten to violate any of these terms, our Guidelines for Reviewers, and/or our policies.
15. Your Rights:
You have the option to delete your user account at any time. Upon deletion, you will lose the ability to leave reviews on our platform, and all of your reviews will be removed from our platform.
Disclaimer and Liability
16. OUR RESPONSIBILITY:
WE ARE ACCOUNTABLE TO YOU ONLY FOR FORESEEABLE LOSS AND DAMAGE DIRECTLY CAUSED BY US. IN THE EVENT OF OUR FAILURE TO COMPLY WITH THESE TERMS, OUR RESPONSIBILITY IS LIMITED TO YOUR FORESEEABLE LOSS AND DAMAGE. IN ANY CIRCUMSTANCES, THE TOTAL AGGREGATE LIABILITY OF OURS AND OUR AFFILIATES TO YOU IS CAPPED AT A MAXIMUM OF $100.00 (ONE HUNDRED US DOLLAR).
17. PLATFORM AVAILABILITY AND WARRANTY:
WE CANNOT GUARANTEE THE CONTINUOUS AVAILABILITY OF THE PLATFORM. THE PLATFORM IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.
Disputes
18. Dispute Resolution:
Most concerns can be efficiently resolved by contacting us using this form. In the event that we cannot resolve the issue, both parties agree to bring claims exclusively in the jurisdiction specified in Our contracting entities and governing law section (section 26) of these terms.
Aditional Terms of Use
19. Changes to These Terms:
We retain the right to modify these terms at any time without prior notice. It is your responsibility to regularly check, read, understand, and agree to the most recent version of these terms, as any alterations will immediately apply to you without requiring further positive acceptance, confirmation, or action.
20. Changes to Our Platform:
We may update or modify the entirety or parts of our platform at any time without prior notice. Additionally, we reserve the right to suspend, withdraw, or restrict the availability of all or part of our platform for business or operational reasons.
21. Events Outside Our Control:
We are not liable for any failure or delay in fulfilling our obligations under these terms due to events or circumstances beyond our reasonable control.
22. How to Contact Us:
For communication purposes, please reach out to our support team using this form.
23. Language:
While certain materials may be provided in another language, all other communications and notices under these terms must be in English. If a translation is provided, it is for your convenience only, and the English version will take precedence.
24. Enforcement of Terms:
If any part of these terms is legally unenforceable, that specific part will be disregarded, while the rest remains enforceable.
25. Interpretation:
Terms like ‘include,’ ‘like,’ and ‘for example’ are not limiting, and where discretion is mentioned, it implies sole discretion.
26. Our Contracting Entities and Governing Law:
These terms, along with any dispute or claim arising from them, their subject, or their formation, will be governed by and construed in accordance with the laws and jurisdiction of the Balorá.online entity specified in the table below.
| Entity and Address | Governing Law | Jurisdiction | |
|---|---|---|---|
If you are located anywhere in the world outside of Curacao, Aruba, Sint Maarten, BES or the Netherlands, then the Balorá.online entity you’re contracting with, and the Governing Law and Jurisdiction which applies to your contract with Balorá.online will be: |
Content |
Curaçao |
Content |
If you are located in Curacao, Aruba, Sint Maarten, BES or the Netherlands, then the Balorá.online entity you’re contracting with, and the Governing Law and Jurisdiction which applies to your contract with Balorá.online will be: |
Content |
Curaçao |
Content |
The table above does not apply to the extent that the law in your country of residence mandates the application of another law and/or jurisdiction, especially consumer laws and regulations. As a consumer using the platform, you may have the right to bring claims against Balorá.online in the courts of your country of residence. This section 26 otherwise applies to the maximum extent permitted in your country of residence.
27. The Operator of Our Platform:
Our platform is operated by Plethora Multi Media Management B.V., [adress], Willemstad, Curacao, 00000.