Acknowledgement
- The Terms and Conditions of Use of Customs mobile application ("Customs.bn") is a binding agreement between the Royal Customs and Excise Department, Ministry of Finance and Economy ("the Department") and the End User ("you") governing your use of the Customs.bn.
- By downloading / installing / using Customs.bn, you acknowledge that (a) have read and understood the Terms and Conditions of Use; (b) represent that you are of legal age to enter into a binding agreement; (c) accept the Terms and Conditions of Use and agree to be bound by all of its terms and conditions. If you do not agree to the Terms and Conditions of Use, you must immediately discontinue your access to the Customs.bn. Continued use of Customs.bn will constitute acceptance to the Terms and Conditions of Use, as may be amended from time to time. The Department reserve the right to amend the Terms and Conditions of Use at any time.
License
- Subject to the Terms and Conditions of Use, the Department grant you a limited, non-exclusive and non-transferrable license to download, install and use of Customs.bn for your personal, non-commercial use on a mobile device owned or otherwise controlled by you, in accordance with the Terms and Conditions of Use.
- You shall not:
- Copy Customs.bn, except as expressly permitted by the Department;
- Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable;
- Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Customs.bn or any part thereof;
- Remove, delete, alter or obscure any intellectual property or proprietary rights from Customs.bn, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute publish, transfer or otherwise make available Customs.bn or any features or functionality of Customs.bn, to any third party for any reason, including by making Customs.bn available on a network where it is capable being accessed by more than one device at any time; or
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Customs.bn.
Reservation of Rights
You acknowledge and agree that Customs.bn is provided under license, and not sold, to you. You do not acquire any ownership interest in Customs.bn under the Terms and Conditions of Use, or any other rights thereto other than to use Customs.bn in accordance with the license granted, and subject to all terms, conditions and restrictions, under the Terms and Conditions of Use. The Department and its service providers shall reserve and shall retain their entire right, title and interest in and to Customs.bn, including all intellectual property rights therein or relating thereto, except as expressly granted to you in the Terms and Conditions of Use.
Collection and Use of Your Information
You acknowledge that when you download, install or use Customs.bn, the Department may use automatic means (such as, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of Customs.bn. You may also be required to provide certain information about yourself as a condition to downloading, installing or using Customs.bn or certain of its functionality or features. By downloading, installing, using and providing information to or through Customs.bn, you consent to all actions taken by us with respect to your information in compliance with Clause 10.
Your Use of the Customs.bn App
You must use and complete the Customs.bn App in accordance to the instructions in the app prior to or upon arrival to Brunei Darussalam. Knowingly providing false or misleading information in the app is equivalent to providing incorrect information on a form, through a website, or in person which could result in penalties and or prosecution in Brunei Darussalam.
Updates
- The Department may from time to time in their sole discretion develop and provide Customs.bn updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Department have no obligation to provide or enable any particular features or functionality.
- You shall promptly download and install all updates and acknowledge and agree that Customs.bn or portions thereof may not property operate should you fail to do so. You further agree that all updates will be deemed part of Customs.bn and be subject to the Terms and Conditions of Use.
Indemnity
You agree to indemnify, defend and hold harmless the Department from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including legal fees, arising from or relating to your use or misuse of Customs.bn or your breach of the Terms and Conditions of Use.
Terms and Termination
- The Terms and Conditions of Use commences when you download or install Customs.bn and will continue in effect until terminated by you or the Department as forth in this Clause.
- You may terminate the Terms and Conditions of Use by deleting Customs.bn and all copies thereof from your mobile device(s).
- The Department may terminate these Terms and Conditions of Use and your right to use at any time without notice if it ceases to support Customs.bn, which the Department may do so on their sole discretion. In addition, the Terms and Conditions of Use will terminate immediately and automatically without any notice if you violate the Terms and Conditions of Use.
- Termination will not limit any of the Department's rights and remedies at law or in equity.
- Upon termination (a) all rights granted to you under the Terms and Conditions of Use will also terminate; and (b) you must cease all use of Customs.bn and delete all copies of Customs.bn from your mobile device(s).
Disclaimer of Warranties
Customs.bn is provided to you "as is" and with all faults and deficits without warranty of any kind. To the maximum extent permitted under the applicable law, the Department, on their own behalf and on behalf of all affiliates, licensors, and service providers, expressly disclaim all warranties, whether express or implied, statutory or otherwise, with respect to Customs.bn, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, the course of performance, usage or trade practice.
Without limitation to the foregoing, the Department provide no warranty or undertaking, and makes no representation of any kind that Customs.bn will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Limitation of Liabilities
To the fullest extent permitted by the applicable law, in no event will the Department or its affiliates, licensors, and service providers, have any liability for damages arising from or related to your use of or any liability to use Customs.bn. The foregoing limitations will apply whether or such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or the Department were advised of the possibility of such damages.
Privacy Policy
The Department will use its best endeavors to protect your data and privacy in accordance to relevant laws and regulations.
Intellectual Property
- You acknowledge that all intellectual property rights in Customs.bn belongs to the Department, that rights in Customs.bn are licensed and not sold to you, and that you have no rights in, or to, Customs.bn other than the right to use Customs.bn in accordance with the Terms and Conditions of Use.
- You acknowledged that you have no right to have access to Customs.bn in source-code form.
Other Legal Provisions.
The Terms and Conditions of Use will be governed and constructed in accordance with the Laws of Brunei Darussalam. The Parties will use their best endeavors to resolve any dispute, controversy, or claim, arising out of or in connection with the Terms and Conditions of Use amicably by mutual consultation or negotiation, without referring to any third party or tribunal. All rights and obligations of the Parties under the Terms and Conditions of Use shall continue in full force and effect pending the final outcome of the settlement of dispute.