Terms & Conditions

Updated on November 9, 2024

General Terms

By accessing and placing an order with Brightway Business Solutions, you confirm that you agree to and are bound by the terms of service outlined in the Terms and Conditions below. These terms apply to the entire website and any email or other communication between you and Brightway Business Solutions.

Under no circumstances will the team at Brightway Business Solutions be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profits, arising from the use or inability to use the materials on this site, even if the team at Brightway Business Solutions or an authorized representative has been advised of the possibility of such damages. If the use of materials from this site results in the need for service, repair, or correction of equipment or data, you assume any associated costs.

Brightway Business Solutions is not responsible for any outcomes that may occur during the use of our resources. We reserve the right to change prices and revise the usage policy of resources at any time.

License

Brightway Business Solutions grants you a revocable, non-exclusive, non-transferable, and limited license to download, install, and use the website strictly in accordance with the terms of this Agreement.

These Terms and Conditions constitute a contract between you and Brightway Business Solutions (referred to in these Terms and Conditions as “Brightway Business Solutions,” “we,” or “our”), the provider of the Brightway Business Solutions website and the services accessible from the Brightway Business Solutions website (collectively referred to in these Terms and Conditions as the “Brightway Business Solutions Service”).

You agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Brightway Business Solutions Service. In these Terms and Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to terminate your account or block access to your account without prior notice.

Definitions and Key Terms

To clarify these Terms and Conditions as much as possible, whenever any of the following terms are mentioned, they are strictly defined as follows:

  • Cookie: A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information such as your language preference or login details.
  • Company: When these terms mention “Company,” “we,” or “our,” they refer to Brightway Business Solutions E.I.R.L. (Jr. Aguaytía 173, Ucayali, PE 25006), which is responsible for your information under these Terms and Conditions.
  • Country: Refers to the location where Brightway Business Solutions or its owners/founders are based, in this case, Peru.
  • Device: Any device with internet access, such as a phone, tablet, computer, or any other device that can be used to visit Brightway Business Solutions and utilize the services.
  • Service: Refers to the service provided by Brightway Business Solutions, as described in the relevant terms (if available) and on this platform.
  • Third-Party Service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: Refers to the Brightway Business Solutions site, which can be accessed via this URL: https://www.brightwaybs.com/.
  • You: A person or entity registered with Brightway Business Solutions to use the Services.

Restrictions

You agree not to, and will not permit others to:

  1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or commercially exploit the website or make the platform available to any third party.
  2. Modify, create derivative works from, disassemble, decrypt, reverse engineer, decompile, or perform any similar actions on any part of the website.
  3. Remove, alter, or obscure any proprietary notices (including copyright or trademark notices) of Brightway Business Solutions or its affiliates, partners, suppliers, or licensors of the website.

Payment

If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the applicable fees, charges, and billing terms at the time any fee or charge is due and payable. Your agreement with your payment provider governs the use of the designated credit card account, and you must refer to that agreement—not these Terms—to determine your rights and responsibilities regarding your payment provider.

Payments are processed through our payment gateway ATIX. Payments made on our website for the offered products are processed via the MOTO (Mail Order/Telephone Order) method. Once you provide your card details and confirm your consent via a recorded telephone call, we proceed to make purchases using the provided card information. This process is conducted securely and in compliance with the agreed terms, ensuring privacy and protection of payment data at all times.

By providing Brightway Business Solutions with your credit card number and associated payment information, you authorize Brightway Business Solutions to verify the information immediately and subsequently charge your account for all fees and charges due and payable under this agreement without requiring any additional notice or consent. You agree to promptly notify Brightway Business Solutions of any changes to your billing address or the credit card used for payment under this agreement. Brightway Business Solutions reserves the right to change its pricing and billing methods at any time, either immediately upon posting on our site or by sending an email to your organization’s administrators.

Any attorney fees, court costs, or other costs incurred in the collection of undisputed overdue amounts will be your responsibility and must be paid by you.

There will be no contract between you and Brightway Business Solutions for the Service until Brightway Business Solutions accepts your order via a confirmation email, SMS/MMS message, or another appropriate communication method.

You are responsible for any third-party fees you may incur while using the Service.

Returns and Refunds Policy

Thank you for purchasing from Brightway Business Solutions. We appreciate your trust in us and strive to ensure you have a rewarding experience while exploring, evaluating, and purchasing our products or services.

General Terms

By making a purchase or placing an order with Brightway Business Solutions, you agree to the terms outlined in this policy along with our Privacy Policy. If you are not completely satisfied with any product or service provided, we encourage you to contact us to discuss any issues and find a resolution.

Your Suggestions

Any feedback, ideas, proposals, or suggestions (collectively, «Suggestions») that you provide to Brightway Business Solutions regarding the website will become the exclusive property of Brightway Business Solutions. This includes the freedom to use, copy, modify, publish, or redistribute such Suggestions for any purpose without the need for acknowledgment or compensation to you.

Your Consent

By using our website, registering an account, or making a purchase, you consent to these Terms and Conditions. We have updated this policy to provide you with transparency regarding how the information you provide is managed.

Links to Other Websites

Our services may include links to external websites that are not operated or controlled by Brightway Business Solutions. We are not responsible for the content, accuracy, or opinions expressed on such websites. By clicking these links and leaving our platform, the Terms and Conditions of Brightway Business Solutions no longer apply, and your interactions will be subject to the policies and terms of the external websites.

Please note that these third parties may use cookies or other methods to collect information about you. We recommend reviewing their privacy policies before engaging with those sites.

Cookies

Brightway Business Solutions uses cookies to identify the areas of our website you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website, although they are not essential for its use. However, without these cookies, certain features, such as videos, may become inaccessible, or you may need to re-enter your login information every time you visit the site, as we would not be able to remember your previous registration.

Most web browsers can be configured to disable the use of cookies. However, disabling cookies may prevent you from accessing some features of our website correctly or fully. Please note that we never store personally identifiable information in cookies.

Changes to Our Terms and Conditions

You acknowledge and agree that Brightway Business Solutions may discontinue the Service (permanently or temporarily) or any feature within the Service at its sole discretion, without prior notice. You may stop using the Service at any time and are not required to inform Brightway Business Solutions specifically when you cease using the Service.

You acknowledge and agree that if Brightway Business Solutions disables your account access, you may be unable to access the Service, your account details, or any files and materials contained in your account.

If we decide to update our Terms and Conditions, we will post the changes on this page and/or update the modification date below.

Modifications to Our Website

Brightway Business Solutions reserves the right to modify, suspend, or discontinue the website or any services connected to it, whether temporarily or permanently, with or without prior notice, and without liability to you.

Updates to Our Website

From time to time, Brightway Business Solutions may provide improvements or updates to the website’s features and functionalities. These updates may include patches, bug fixes, enhancements, or other modifications («Updates»).

Updates may modify or remove certain features and/or functionalities of the website. You agree that Brightway Business Solutions is under no obligation to:

  1. Provide any Updates.
  2. Continue supporting or enabling certain features and/or functionalities of the website for you.

Additionally, you agree that all Updates will:

  1. Be considered an integral part of the website.
  2. Be subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services («Third-Party Services»).

You acknowledge and agree that Brightway Business Solutions will not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Brightway Business Solutions assumes no responsibility or liability to you or any other person or entity for the Third-Party Services.

Third-Party Services and links to them are provided solely as a convenience to you, and you access and use them at your own risk, subject to the terms and conditions of those third parties.

Duration and Termination

This Agreement will remain in effect until terminated by you or Brightway Business Solutions.

Brightway Business Solutions may, at its sole discretion, suspend or terminate this Agreement at any time, for any reason, or without any reason, with or without prior notice.

This Agreement will immediately terminate, without prior notice from Brightway Business Solutions, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies of it from your computer.

Upon termination of this Agreement, you must cease all use of the website and delete all copies of it from your computer.

Termination of this Agreement will not limit any of Brightway Business Solutions’ rights or remedies under the law or in equity in case of a breach by you (during the term of this Agreement) of your obligations under this Agreement.

Copyright Infringement Notification

If you are a copyright owner or an agent of a copyright owner and believe that any material on our website constitutes an infringement of your copyrights, please contact us with the following information:

(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) Identification of the material claimed to be infringing;
(c) Your contact information, including your address, telephone number, and email address;
(d) A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owners; and
(e) A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold harmless Brightway Business Solutions and its parent companies, subsidiaries, affiliates, directors, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorney’s fees, arising out of or related to your:
(a) use of the website;
(b) violation of this Agreement or any law or regulation; or
(c) infringement of any third-party rights.

No Warranties

The website is provided to you «AS IS» and «AS AVAILABLE,» with all faults and defects, without any warranties of any kind. To the maximum extent permitted under applicable law, Brightway Business Solutions, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise from course of dealing, course of performance, usage, or trade practice.

Without limitation, Brightway Business Solutions makes no warranty or representation that:
(i) the website will meet your requirements;
(ii) the website will achieve any intended results;
(iii) the website will be compatible or work with any other software, websites, systems, or services;
(iv) the website will operate without interruption, meet any performance or reliability standards, or be error-free; or
(v) any errors or defects can or will be corrected.

Neither Brightway Business Solutions nor its suppliers make any representation or warranty regarding:
(i) the operation or availability of the website, or the information, content, materials, or products included thereon;
(ii) the website being uninterrupted or error-free;
(iii) the accuracy, reliability, or currency of any information or content provided through the website; or
(iv) the website, its servers, the content, or emails sent from or on behalf of Brightway Business Solutions being free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of Brightway Business Solutions and any of its suppliers under any provision of this Agreement, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Brightway Business Solutions or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Brightway Business Solutions or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Divisibility

If any provision of this Agreement is deemed unenforceable or invalid, such provision will be modified and interpreted to achieve the objectives of the original provision to the fullest extent permitted by applicable law. The remaining provisions will remain in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Brightway Business Solutions in its services, constitutes the entire agreement between you and Brightway BS concerning the services.

If any provision of this Agreement is found invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of that term or any other term, and Brightway Business Solutions’s failure to enforce any right or provision under this Agreement will not constitute a waiver of such right or provision.

YOU AND BRIGHTWAY BS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement will not affect a party’s ability to exercise such right or require such performance at any later time, nor will the waiver of a breach constitute a waiver of any subsequent breach.

Failure to exercise or delay in exercising any right or power under this Agreement by either party will not operate as a waiver of that right or power. Similarly, partial or singular exercise of any right or power under this Agreement will not preclude subsequent exercise of that or any other right. In case of a conflict between this Agreement and any purchase terms or other applicable terms, the terms of this Agreement will prevail.

Modifications to This Agreement

Brightway Business Solutions reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after the revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services of Brightway Business Solutions.

Entire Agreement

This Agreement constitutes the entire agreement between you and Brightway Business Solutions concerning the use of this website, superseding all prior and contemporaneous agreements, whether written or oral, between you and Brightway BS.

You may be subject to additional terms and conditions that apply when you use or purchase other services from Brightway Business Solutions, which will be provided to you at the time of such use or purchase.

Updates to Our Terms

We may modify our Service and policies, and it may be necessary to update these Terms to accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (e.g., through our Service) before making changes to these Terms and give you an opportunity to review them before they take effect. By continuing to use the Service, you agree to be bound by the updated Terms.
If you do not wish to accept these or any updated Terms, you may delete your account.

Intellectual Property

The website and all of its content, features, and functionalities (including but not limited to all information, software, text, displays, images, videos, and audio, as well as the design, selection, and arrangement thereof) are the property of Brightway Business Solutions, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or legal rights under applicable laws in Peru and internationally.

The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the prior express written permission of Brightway Business Solutions, except as expressly permitted by these Terms and Conditions. Any unauthorized use of the material is prohibited.

Arbitration Agreement

This section applies to any dispute, EXCEPT FOR A DISPUTE RELATED TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THE ENFORCEMENT OR VALIDITY OF YOUR OR BRIGHTWAY BUSINESS SOLUTIONS’ INTELLECTUAL PROPERTY RIGHTS.

The term «dispute» means any disagreement, action, or other controversy between you and Brightway Business Solutions regarding the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. «Dispute» will be interpreted in the broadest sense permitted by law.

Notice of Dispute

In the event of a dispute, you or Brightway Business Solutions must send the other party a written Notice of Dispute. The notice should include:

  1. The name, address, and contact information of the party sending it.
  2. A description of the facts giving rise to the dispute.
  3. The relief sought.
  • You must send any Notice of Dispute by email to: hello@brightwaybs.com.
  • Brightway Business Solutions will send any Notice of Dispute to your physical address if we have it, or otherwise to your email address.

You and Brightway Business Solutions will attempt to resolve any dispute informally within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either party may initiate arbitration.

Binding Arbitration

If you and Brightway Business Solutions do not resolve the dispute through informal negotiations, any remaining effort to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. By agreeing to this, you waive the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury.

The dispute will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek temporary or preliminary injunctive measures from any court of competent jurisdiction as necessary to protect the rights or property of the party during the arbitration process.

Costs: All legal, accounting, and other expenses, fees, and costs incurred by the prevailing party will be borne by the non-prevailing party.

Submissions and Privacy
If you submit or post ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will be automatically treated as non-confidential and non-proprietary, and will become the exclusive property of Brightway Business Solutions without compensation or credit to you in any form. Brightway Business Solutions and its affiliates will have no obligation regarding such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium perpetually, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions
Brightway Business Solutions may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all the rules of the Promotions to determine if you are eligible to participate. If you participate in any Promotion, you agree to comply with and follow all Promotion Rules.
Additional terms and conditions may apply to purchases of goods or services through the Services, which are incorporated into this Agreement by reference.

Typographical Errors
In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, Brightway Business Solutions reserves the right to reject or cancel any order placed for the product and/or service listed at the incorrect price. Brightway Business Solutions reserves the right to reject or cancel any such order, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Brightway Business Solutions will immediately issue a credit to your credit card account or another payment account for the amount of the charge.

Miscellaneous
If for any reason a court of competent jurisdiction finds that any provision or part of these Terms and Conditions is unenforceable, the remainder of the Terms and Conditions will remain in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Brightway Business Solutions. Brightway Business Solutions shall be entitled to injunctive or other equitable relief (without the obligation to post any bond or guarantee) in the event of a breach or anticipated breach by you. Brightway Business Solutions operates and controls the Brightway Business Solutions Service from its offices in Peru. The Service is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation. As such, those who choose to access the Brightway Business Solutions Service from other locations do so at their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate Brightway Business Solutions’ Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and Brightway Business Solutions regarding its subject matter, and may not be modified by you. The section headings used in this Agreement are for convenience only and will not have any legal effect.

Disclaimer
Brightway Business Solutions is not responsible for any content, code, or other inaccuracies.
Brightway Business Solutions makes no warranties or representations.
In no event will Brightway Business Solutions be liable for any special, direct, indirect, consequential, or incidental damages, or any other damages of any kind, whether in an action of contract, negligence, or other tort, arising from or in connection with the use of the Service or its content. The Company reserves the right to make additions, deletions, or modifications to the content of the Service at any time without prior notice.
The Brightway Business Solutions Service and its content are provided «as is» and «as available,» without any warranties or representations of any kind, express or implied. Brightway Business Solutions is a distributor, not a publisher, of content supplied by third parties; as such, Brightway Business Solutions does not exercise editorial control over such content and makes no warranty or representation regarding the accuracy, reliability, or timeliness of any information, content, service, or merchandise provided through or accessible via the Brightway Business Solutions Service. Without limiting the foregoing, Brightway Business Solutions specifically disclaims all warranties and representations in any content transmitted in or in connection with the Brightway Business Solutions Service or in sites that may appear as links on the Brightway Business Solutions Service, or in the products provided as part of, or otherwise in connection with, the Brightway Business Solutions Service, including but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral or written advice given by Brightway Business Solutions or any of its affiliates, employees, officers, directors, agents, or similar persons will create a warranty. Information regarding prices and availability is subject to change without notice. Without limiting the foregoing, Brightway Business Solutions does not guarantee that the Brightway Business Solutions Service will be uninterrupted, error-free, timely, or secure.

Contact Us
Feel free to contact us if you have any questions.

hello@brightwaybs.com