Beats Application

Ministry of Financial Services, Trade
& Industry and Immigration

TERMS AND CONDITIONS

These Terms and Conditions of Use ( referred to as "Terms of Use") apply to this website and/or may apply to sites linked to the Government of The Bahamas (which includes its ministries, departments, and agencies) which said Website will be referred to as the “Website” in this document. This Website is the sole property of the Government of the Commonwealth of The Bahamas (GoBh) and is managed, controlled and/or operated by the GoBh and/or companies hired on behalf of the GoBh. Data and information exchanged across the Website and/or stored therein is hosted and/or resides within the Commonwealth of The Bahamas. You must be at least 18 years old to use this Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE.

GoBh reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. As a participant you must read the information below and agree to the terms and conditions. Should you choose to use the Website after a change is made this signifies to the GoBh that you agree the changes and indemnify the GoBh against any cause of action that may arise. GoBh may modify the Services from time to time, including by adding or deleting features and functions, as we continually improve our Services and Website and the experience we offer You.

  1. DEFINITIONS

“Terms of Use” means these Terms and Conditions.

“Confidential Information” means any information obtained from you, the disclosing party, which ought reasonably to be considered as confidential and cannot be divulged to a third party without your consent provided that this clause shall not extend to information (a) which is disclosed or obtained lawfully for the purposes of obtaining a service and/or completing the necessary process to receive a service provided by the GoBh, (b) which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) (c) which is expressly marked as confidential or which is manifestly of a confidential nature or which is confirmed in writing to be confidential within 7 days of its disclosure.

“Data” means any data inputted by You into the Website and the processed data that is made available to You as a direct result of Your use of the Website.

“Disclosing Party” means You, the participant.

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Loss” means all liabilities, expenses, losses, damages and costs (including legal costs) and expenses, however arising.

“Government Service” means (and/or includes) the execution of mandatory and procedural activities by internal human or system resources which provide valuable output requested or required by an individual whether personally or on behalf of another person, and may also include circumstances where the output requested or required is relevant to an entity recognized by law.

“Participant” means You.

“Website” means the Internet Website at the domain inclusive of its capabilities.

  1. RIGHT OF ACCESS

You have the right to access and use the Website for the intended purpose of and conduct any matters, functions, or processes related thereto. You may be allowed to access this website on behalf of an individual provide that you are legally authorized to act on that individual’s behalf.

  1. USE OF THE WEBSITE
  1. You may use the Website to complete and submit a Travel Health Card and/or to access services related thereto.
  2. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. GoBh reserves the right to prohibit any such activity.
  3. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  5. You may not exploit the Website or any service or information made available or offered by or through the Website, including but not limited to personal identification or information, other than your own information.
  6. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity.
  1. YOUR OBLIGATIONS
  1. You should only access the Website for your own lawful purposes connected with requesting and/or receiving the service provided.
  2. You agree that GoBh may review Your use of the Website at any time and You will provide any reasonable assistance to verify Your compliance with this Agreement.
  3. If You use any communication tools available through the Website (such as a message board), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Website, and in particular to use non-verbal language that may be seen as pervasive intimidating, hostile or offensive and/or unsolicited commercial e-mail, or files.
  4. You must not attempt to undermine the security or integrity of the Website; use, or misuse, the Website in any way which may, impair the Website or impair the ability of any other user to use the Website, including using the Website in a malicious, fraudulent or unlawful manner; attempt to gain unauthorised access; attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the Website.
  5. You agree and acknowledge that You are responsible for ensuring the accuracy of Data inputted into the Website by You. GoBh is under no obligation to ensure that Your Data on the Website is accurate.
  6. You agree and acknowledge that You are responsible for updating your information in the Website where changes may occur. Eg. name change, changes in address. GoBh is under no obligation to ensure that Your Data is updated when changes occur.
  7. You must not attempt to undermine the security or integrity of the Website; use, or misuse, the Website in any way which may, impair the Website or impair the ability of any other user to use the Website, including using the Website in a malicious, fraudulent or unlawful manner; attempt to gain unauthorised access; attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the Website.
  1. CONFIDENTIALITY AND PRIVACY
  1. Unless the relevant party has the prior written consent of the other or unless required to do so by law each party will preserve the confidentiality of all Confidential Information obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as expressly contemplated by these Terms and/or in order to provide the requested Government Service.
  2. GoBh will maintain a privacy policy that sets out what information will be collected and why, what GoBh does with that information, and how the information is handled. You should read the Privacy Policy posted on the Website.
  3. For the purposes of abiding by the Data Protection Act 2007 you agree that this Terms of Use and the accompanying Privacy Policy is understood as a determination between you and the GoBh for the manner in which any personal data will be processed.
  4. The GoBh, however, is authorized by you to use the data you provide for requesting on your behalf an additional Government Service and/or for activities and processes that may aid in the prevention of illicit, unlawful, harmful, injurious, occurrence(s), incident, damage and/or behaviour whether direct or indirect. You grant GoBh the permission to use, copy, transmit, store, and back-up Your Data for the purposes of enabling You to access and use Government Services and for any other purpose related to the provision of Government Services to You, and matters ancillary thereto by prescribed technologies.
  1. DUTY TO DISCLOSE

GoBh may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of the GoBh. GoBh is under a statutory duty to disclose any information deemed necessary in order to comply with any applicable law, regulation, or court process.

  1. INTELLECTUAL PROPERTY
  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned and/or controlled by the GoBh, and is protected by intellectual property rights and laws.
  2. Except where expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution without the express permission of the GoBh.
  1. DELETION OF DATA

Should you choose to discontinue using the Website or GoBh otherwise suspends and/or terminates Your access to the Website, GoBh in its discretion reserves the right, to either (a) delete Your data or (b) archive Your data for a period of time as designated by the Public Records Act or such legislation that may seek to repeal, amend or replace same.

  1. ACKNOWLEDGEMENTS AND DISCLAIMERS
  1. You acknowledge and agree that GoBh gives no warranty about the Website and, without limiting the foregoing, GoBh does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. GoBh is not in any way responsible for any such interference or prevention of Your access or use of the Website.
  2. All information provided on the Website is subject to change without notice.
  3. GoBh disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website.
  4. GoBh reserves the right to do any of the following, at any time, without notice to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason and to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  1. LIMITATION OF LIABILITY

You agree to indemnify GoBh against all losses (direct or consequential) that may incur arising out of or in connection with Your breach of any of these Terms.

  1. HELP DESK

You will have access to technical support. GoBh will endeavour to address all queries and requests for assistance received through the Website or via email support but does not warrant that support will be immediately available.

  1. GENERAL

These Terms, together with the Privacy Policy constitute the entire agreement between You and GoBh relating to the use of the Web Website and the other matters dealt with in these Terms.

  1. GOVERNING LAW

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the Commonwealth of The Bahamas.

Participants must read the information below and agree to the terms and conditions by clicking in the box provided. By clicking the box provided you are indicating that you understand the terms of this agreement and you have accepted those terms.