1.1 By using our website at www.belco.bm and any information and services thereon (the "Website"), you acknowledge that you have read and agree to be bound by the following terms and conditions of use ("Website Terms"). If you do not agree, please do not use any part of the Website.
1.2 When used on the Website, "we" and "us" means Bermuda Electric Light Company Limited ("BELCO") and "you" or "your" means the user of the Website and includes any of your subsidiaries, affiliates and employees.
1.3 For the avoidance of doubt, the terms of these Website Terms are separate from BELCO’s Service Rules, which relate to your use of BELCO’s services as set out therein.
2. Website Access and Content
2.1 With the exception of the My Account portal or online applications, the information provided by us on the Website is for information purposes only. Unless stated otherwise, it does not in any way constitute an invitation or recommendation to buy any of our products or services featured.
2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time and for any reason.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website at any time and your continued use of the Website following any such changes, modifications, substitutions or removals will mean that you accept and agree to be bound by them. Any of the contents on the Website may be out of date at any given time, and we are under no obligation to update such material save at our sole discretion
2.4 We assume no responsibility for the contents of any other websites to which the Website has links.
3. Copyright, Trademarks & Other Intellectual Property Rights
3.1 We are the owner or licensee of all rights in the Website and we reserve all such rights. Using the Website will not give you a license to exercise any intellectual property rights, unless expressly stated.
3.2 You may print, copy, download or temporarily store extracts from the Website for personal, non-public and non-commercial use only. However, you may not, directly or indirectly:
(i) change or delete any material that you print or download from the Website;
(ii) adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, sell, license distribute, or otherwise use any of the Website material for any commercial or public purpose;
(iii) remove, modify or hide any branding or copyright or trade mark statements on such content printed or downloaded from the Website; or
(iv) distribute or transfer these materials to others or to other website or computer networks, including any personal websites or networks.
3.3 You may only use the Website and the contents as expressly stated in these Website Terms.
3.4 The trademark "BELCO™" and other marks used on the Website may not be used without our prior written permission.
4. Customer Accounts
4.1 The Website provides our customers with the option to set up a customer account that offers a variety of functions and services in connection with the customer’s BELCO service account e.g. energy usage data, bill payments etc. ("Customer Account").
4.2 We reserve the right to:
(i) accept or decline to accept an application to open a Customer Account;
(ii) suspend or terminate any Customer Account; and
(iii) discontinue the provision of any feature or service related to such Customer Account.
4.3 If you wish to establish a Customer Account, you agree (i) to provide accurate and complete information when opening the Customer Account; (ii) to update your information as necessary so it remains accurate and complete and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.
4.4 The right to use the functions and services of a Customer Account on the Website is subject to you logging-in to your Customer Account using your selected user name and password to establish your identity. You are responsible for safeguarding your user name and password. You authorize us to assume that any person using the Website with your user name and password is either you or is authorized to act for you and you agree to hold us harmless from any claims resulting from improper use of your user name and password. You agree to be responsible for all acts or omissions with respect to use of your Customer Account. Please notify us immediately by sending us an email message if you believe the security of your user name or password has been compromised in any way.
5. Website Use Restrictions
You must not use the Website nor post, upload, publish, reproduce, transmit or otherwise distribute any content on the Website that:
(i) is unlawful or encourages conduct that is unlawful;
(ii) is invasive of privacy rights;
(iii) is obscene, pornographic or sexually explicit or depicts graphic or gratuitous violence;
(iv) is threatening, intimidation or abusive;
(v) is discriminatory, demeaning, defamatory or offensive;
(vi) contains viruses or any other computer code, files or programs that interrupt, contaminate or destroy computer software or hardware;
(vii) infringes any third party rights; or
(viii) impersonates any person or entity or misrepresents yourself in any way.
6. Linking to the Website
You are permitted to link to our homepage but must do so in a manner that is fair and legal and does not mislead or, in our opinion, negatively affect our reputation. You are not permitted to link the Website in any way that suggests we associate, approve or endorse your website, goods or services or those of any third party and you may not frame the Website to any other website. We reserve the right to withdraw this permission at any time.
We are committed to protecting your privacy. Personal information collected from your use of the Website is used in accordance with applicable law. Please see our Website Privacy Notice for further information.
8. Disclaimer of Warranties
8.1 The Website and any content and information provided on or through the Website are made available to you on an "as is" and "as available" basis. Although we use reasonable endeavors to ensure that the information on the Website is accurate and up-to-date, we disclaim all warranties and representations (whether express or implied) with respect to the Website, including, without limitation, warranties as to accuracy, currency, title, merchantability or fitness for a particular purpose.
8.2 Materials (including commentary) provided on the Website are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
8.3 We do not give any warranty that the Website is free from defects or viruses and we accept no liability for any errors or omissions on the Website. You acknowledge that the Website includes links to third party websites which are not hosted or maintained by us and should you access such third party websites through the Website links, you do so at your sole risk.
8.4 We provide no assurance that the use by you of information or content available on the Website (whether provided by us or other users) will not infringe third party rights (including, without limitation, intellectual property rights or privacy rights) and we will have no liability in this regard.
You agree to defend, indemnify and hold us (including our employees, directors, officers, agents and any affiliated company (as defined in the Companies Act 1981), and each of its employees, directors, officers and agents) harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with (i) your use of the Website; (ii) your use or someone else’s use of your Customer Account or other Website service; or (iii) any violation of these Website Terms.
10. Limitation of Liability
10.1 In no event shall we be legally responsible to you or any third party for any (i) indirect, consequential or incidental loss; (ii) exemplary, special or punitive damages; or (iii) loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation, whether in contract, tort or otherwise arising out of or in connection with the use of the Website save where such liability cannot be excluded by law.
10.2 Without limiting the generality of the foregoing, our total liability to you under any theory of liability (whether in contract, tort, strict liability or otherwise) shall not exceed fifty Bermuda Dollars (BD$50.00).
11. Governing Law & General Provisions
11.1 These Website Terms shall be governed by and construed in accordance with the laws of Bermuda. Should any dispute arise out of the use or content of the Website, such dispute shall be subject to the exclusive jurisdiction of the Bermuda courts.
11.2 If any provision of these Website Terms is found to be unlawful, invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it lawful, valid and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision hereunder shall not affect the validity and enforceability of the rest of these Website Terms.
11.3 Our failure to enforce any provision of these Website Terms will not be construed as a waiver of that provision or any other rights under these Website Terms.
11.4 These Website Terms, including any terms and conditions related to particular services on the Website, constitute the entire agreement between you and us and supersede all prior agreements relating to the subject matter thereof.
11.5 The contents of these Website Terms may be changed by us at any time and for any reason with notice.
12. Contacting Us
If you have any questions regarding these Website Terms, please contact us using the Contact Us feature on the Website. BELCO is a company incorporated under the laws of Bermuda and has its registered office address at 27 Serpentine Road, Pembroke HM 07 Bermuda.
Last updated: October 2018