CARIBBEAN SERVICE CLASSIFIEDS TERMS AND CONDITIONS
By using this web site, all sites related to Caribbean Service Classifieds, and the various content, features, and services offered on and in connection with these sites you are indicating your acceptance to be bound by the terms of these Terms and Conditions.
1. Disclaimer
1.1
Caribbean Service Classifieds (this web site) is an online environment where users may browse, buy and sell services and products associated with advertised services. Caribbean Service Classifieds is not an environment where users can directly advertise, buy or sell individual products, but for individuals, groups or companies to advertise their businesses or services and any product that may be associated with the advertised services.
1.2
Caribbean Service Classifieds does not endorse, recommend or sponsor any individual, group or company and does not undertake to evaluate, investigate or otherwise screen any user, published service or any associated product. Therefore each user hereby acknowledges and agrees that Caribbean Service Classifieds has no control over and makes no guarantees in respect to the quality, legitimacy or legality of services and any associated products advertised by Advertisers via Caribbean Service Classifieds. Further, Caribbean Service Classifieds has no control over and makes no guarantees in respect to neither the ability of any Advertiser to provide the advertised services or any associated products nor the ability of any Consumer to pay for the advertised services or any associated products.
1.3
Caribbean Service Classifieds hereby makes no guarantees whatsoever with respect to and accepts no responsibility or liability for the acts or omissions of any User. Each user, whether Advertiser, Consumer or Visitor, is therefore hereby cautioned that should they proceed to use Caribbean Service Classifieds, they are assumed to have carefully considered, understood, acknowledged and agreed to the terms and conditions herein and are solely responsible for determining the suitability or otherwise of any advertised service and any associated products as well as any other User with whom that User chooses to engage.
2. Advertising
2.1
Any person who wishes to become an Advertiser must submit his or her advertisement for review by Caribbean Service Classifieds. Caribbean Service Classifieds will confirm in writing whether the advertisement has been accepted via the email address provided by the Advertiser in the relevant advertisement request form. Payment is not required and shall not be accepted until the advertisement has been reviewed and confirmed.
2.2
Caribbean Service Classifieds must receive payment of the full and complete publishing price before the advertisement of any Advertiser can be published. Once payment has been received by Caribbean Service Classifieds following the review and confirmation of an advertisement, a legally binding contract becomes effective between said Advertiser and Caribbean Service Classifieds.
3. Errors & Omissions
3.1
Caribbean Service Classifieds does not accept any responsibility or liability for any substantive or typographical errors or omissions made in advertisements received from any Advertiser. It is the sole responsibility of each Advertiser to ensure that his or her advertisements are substantively and typographically accurate.
3.2
Caribbean Service Classifieds accepts no responsibility or liability based on, or related to, the third-party content on this site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
4. Publishing
4.1
Caribbean Service Classifieds is not obligated to publish any particular advertisement and reserves the right to edit for typographical and grammatical accuracy, re-classify, revise, reject, or cancel any advertisement at our sole discretion at any point in time, with twenty-four (24) hours notice to the relevant Advertiser. It should be noted that Cariservclass does not however have the obligation to edit any particular advertisement.
4.2
Advertisers hereby acknowledge that advertisements which are discriminatory, illegal, unlawful and/or otherwise undesirable in nature shall not be accepted by Caribbean Service Classifieds and agree to refrain from submitting the same.
4.3
Caribbean Service Classifieds reserves the right at our sole discretion to make all determinations in relation to the advertising categories and the placement of submitted advertisements on any of the pages of the Caribbean Service Classifieds website.
5. Published Services and Information
5.1
Caribbean Service Classifieds makes no assurances in respect of and accepts no responsibility or liability for the quality of any product or service associated with any advertisement and shall not be in any way liable for any third-party claims or losses of any nature, including, but not necessarily limited to, lost profits or damages. It is the sole responsibility of each Consumer and Visitor to independently verify all claims and assertions made by or in relation to any advertisements.
5.2
Caribbean Service Classifieds hereby disclaims any and all responsibility or liability arising from, based on, or related to, the third-party content on this site, whether arising under the laws of copyright or other intellectual property, defamation, privacy, obscenity, or any other legal discipline.
5.3
Caribbean Service Classifieds does not undertake any obligation to, control, research, verify or validate the content that is received or viewed on or through its website. We do not have the capability nor do we undertake any obligation to, control, research, verify or validate any individual, group or company, User or otherwise, who submits or is associated with content that is received or viewed on or through our website. It is the responsibility of all users to do their due diligence in all aspects of any interactions. Caribbean Service Classifieds expects that users should and will undertake necessary precautions, activities and practices and will exercise caution and common sense when providing or buying any product or service. Caribbean Service Classifieds is never a party to any transaction between users and does not review or in any way oversee any transactions between users. Caribbean Service Classifieds is not responsible for any damage or loss users may incur or claims arising out of any purchase, use, dealings, reliance on, interactions with, or general contracting with any other User.
6. Use of Information
6.1
Users shall not use information or services from this website to harass, threaten, impersonate, intimidate or abuse other users.
6.2
Caribbean Service Classifieds does not accept any responsibility or liability for the manner in which the information provided by or in relation to Users is accessed, shared or otherwise used by other Users or third parties.
6.3
Users hereby acknowledge that it is their sole responsibility to protect any personal information and/or ensure their own safety through the exercise of good judgement when using Caribbean Service Classifieds. Advertisers and Consumers are strongly advised not to divulge information such as national identification numbers, home addresses and other personally-identifying information.
7. False Affiliation
7.1
Any Advertisers may use a URL link from the personal profile associated with his or her published advertisement as he or she deems fit. However this shall not be construed as directly affiliating said Advertiser with Caribbean Service Classifieds and shall not be used to falsely imply and/or state that Caribbean Service Classifieds in any way sponsors, endorses or is otherwise directly affiliated with said Advertiser or any associated individual, group or company.
7.2
An advertiser who owns and/or operates a website associated with the subject matter of his or her advertisement may include a hyperlink to Caribbean Service Classifieds on said website provided that said Advertiser does not falsely imply and/or state that Caribbean Service Classifieds in any way sponsors, endorses, or is otherwise affiliated with said Advertiser, website or any associated individual, group, company or website. Said Advertiser further agrees to remove said hyperlink upon request from Caribbean Service Classifieds.
7.3
Advertisers who post advertisements and have profiles on Caribbean Service Classifieds may include links and pointers to other websites maintained by third parties (any party other than Caribbean Service Classifieds). A link from this website to another website shall not be construed as an endorsement or sponsorship of the site, information, product, or service offered on or through the site. Caribbean Service Classifieds does not control nor is it responsible for any content, advertising, services, products or materials offered on or available from other websites. A third-party site may have privacy policies or terms of service that differ from those of Caribbean Service Classifieds and as such, Caribbean Service Classifieds accepts no liability or responsibility for any interaction any User may have with or from other websites.
8. Refund Policy
8.1
Where an Advertiser is unsatisfied with the service offered by Caribbean Service Classifieds and cancels an advertisement, a refund shall be given for each remaining month for which the advertisement was booked, excluding the month in which the advertisement is cancelled. Caribbean Service Classifieds shall remove the advertisement within 24 hours of the cancellation.
8.2
Refunds may only be requested by and made payable to the Advertiser who made the original payment. Where a credit card was used to pay for the relevant advertisement, the refund shall be made to said credit card.
For cash deposit payments refunds will be made via cheque made out only in the name of the individual who made the initial cash payment.
9. Loss of Service
9.1
Caribbean Service Classifieds shall strive to provide online service to its Users on a continuous basis. To this end, Caribbean Service Classifieds shall make all commercially reasonable efforts to provide uninterrupted access to its website and services provided. However, all Users acknowledge and agree that there may be some instances where Caribbean Service Classifieds and its connected services are inaccessible due to conditions beyond their control and in these instances Caribbean Service Classifieds shall bear no liability, including no obligation to grant refunds and/or extensions associated with its services. Said instances include, but are not necessarily limited to: force majeure, acts of God and the acts of computer hackers and others acting outside of the law.
9.2
Notwithstanding the above, Caribbean Service Classifieds shall in good faith, make all reasonable efforts to restore any portion of the website or related services affected by unavailability in the shortest time allowable given the resources available and all surrounding circumstances.
9.3
Where in any given month Caribbean Service Classifieds suffers a loss of service for more than seven (7) days but less than a period of 30 days due to software issues, server downtime, programming errors, system maintenance, and other related reasons, all Advertisers with advertisements published during the relevant period shall receive an extension of the publication period of their advertisements equivalent to the period of lost service. In the event of a thirty (30) day or more loss of service, Advertisers with advertisements published during the relevant period shall have advertisements extended for forty-five (45) days or, upon request, receive a thirty (30) day refund instead of the extension.
10. Viruses and Other Malicious Content
10.1
While Caribbean Service Classifieds will make every effort to keep the website in service and free from viruses and other malicious software or content, Caribbean Service Classifieds makes no guarantees as to whether this website or any of its associated features, functions or servers will be error free, accurate, reliable, uninterrupted or free from viruses or other harmful components.
10.2
Each user is solely responsible for providing all hardware and/or software necessary to access the website and services, including the assumption of the entire cost of and responsibility for any damage to as well as all necessary maintenance for (repair or correction of) that hardware and/or software.
11. Prohibited Uses
11.1
Caribbean Service Classifieds shall not be used for any purpose that is unlawful or prohibited by the terms and conditions contained herein. Users shall not use Caribbean Service Classifieds in any manner that could damage, disable, overburden, or impair any computer or server(s) associated with Caribbean Service Classifieds. Users shall not attempt to gain unauthorised access to any Caribbean Service Classifieds accounts, computer systems or networks connected to Caribbean Service Classifieds through hacking, password mining or any other means. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Caribbean Service Classifieds.
Prohibited User Content includes, but is not limited to, material that Caribbean Service Classifieds determines:
1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
4. posts information that poses or creates a privacy or security risk to any person;
5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
10. involves commercial activities and/or sales without prior written consent from Caribbean Service Classifieds such as contests, sweepstakes, barter, advertising, or pyramid schemes;
11. includes a photograph or video of another person that you have posted without that person’s consent;
12. violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
1. unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
3. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs, advertisements, communication, or other items or processes that interrupt, destroy or limit the functionality or in any way affects the use of the Caribbean Service Classifieds site, services, databases, servers or any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
5. covering or obscuring any advertisements on your any profile page, or any Caribbean Service Classifieds page via HTML/CSS or any other means;
6. any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
8. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Caribbean Service Classifieds, or sending messages with a commercial purpose;
9. activity unrelated or disruptive to the Services, such as posting multiple identical or near-identical messages or topics, including “fad” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
10. using the Services in a manner inconsistent with any applicable law.
To ensure that users of the website do not engage in Prohibited use, Caribbean Service Classifieds reserves the right to revoke, deny access or take any legal necessary action against any person, group or entity whose use of the website suggests a Prohibited Use.
12. Indemnification
Each User agrees to indemnify, defend and hold harmless Caribbean Service Classifieds, its licensors, vendors, service providers, and each of its and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not necessarily limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of Caribbean Service Classifieds, unauthorized use of Content obtained on or through Caribbean Service Classifieds, information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, breach or alleged breach of the terms and conditions herein, or from any of your acts or omissions in connection with Caribbean Service Classifieds.
13. Reviews and Comments
13.1
Visitors, Consumers and other Advertisers may post reviews and comments and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Caribbean Service Classifieds reserves the right (but does not accept any obligation) to remove or edit such content, but does not regularly review posted content.
13.2
Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
14. Modification of Terms and Conditions and/or Privacy Policy
Caribbean Service Classifieds reserves the right to revise or modify the Terms and Conditions contained herein or Privacy Policy at any time. Any revisions made to either these Terms and Conditions or the Privacy Policy will be displayed on the home page on the same day the changes are made. Any such revisions will be binding and become effective on each user that accesses or in any way uses Caribbean Service Classifieds subsequent to the posting of the revised agreement on the website.
15. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which Caribbean Service Classifieds excludes its liability to a User) the enforceability of any other part of these conditions will not be affected and shall be enforceable and may be enforced, as applicable, to the fullest extent of the law.
16. Governing Law
These terms and conditions and any agreement between Caribbean Service Classifieds and a User shall be governed by and interpreted in accordance with Barbados law and the courts of Barbados shall have jurisdiction to resolve any disputes related thereto.
17. Entire Agreement
17.1
These terms and conditions, together with Caribbean Service Classifieds’s current advertising prices, service details, contact details and privacy policy, set out the whole agreement between Caribbean Service Classifieds and any User with respect to the service provided by Caribbean Service Classifieds.
17.2
Nothing said by any person purporting to be acting on the behalf of Caribbean Service Classifieds should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of the service offered by Caribbean Service Classifieds. Save for fraud or fraudulent misrepresentation, Caribbean Service Classifieds shall have no liability for any such representation being untrue or misleading.