TERMS AND CONDITIONS OF USE FOR THE GLEANER ONLINE
IMPORTANT! PLEASE READ CAREFULLY THESE TERMS
AND CONDITIONS OF USE, LEGAL AND PRIVACY
POLICY BEFORE USING THIS WEBSITE. BY YOUR USAGE YOU AGREE
TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN IRRESPECTIVE
OF HOW THE SITE IS ACCESSED.
WELCOME TO THE GLEANER ONLINE
- TERMS AND CONDITIONS OF USE
This site is owned by The Gleaner Company Limited (The Gleaner)
and is operated by The Gleaner Online Limited (the GOL) on the
World Wide Web at Go-Jamaica.com. The Terms and Conditions herein
shall apply to each and every use of this website, irrespective
of the means by which it is accessed, directly or indirectly.
By accessing the sites www.Go-Jamaica.com and any of it's associated
websites, www.jamaicagleaner.com , www.jamaica-gleaner.com , www.discoverjamaica.com
, www.youthlinkjamica.com , www.sportsjamaica.com , www.golocaljamaica.com
, www.daflex.net , www.jamaica-star.com , www.jamaicastar.com
, www.gojamaica-host.com , www.gleanerclassifieds.com , www.gleanersubscriptions.com
, www.gleanersubscription.com , www.gleanerarchives.com , www.gleanerlibrary.com
, www.caribbean-media.net , www.go-localjamacia.com , www.hospitalityjamaica.com,
www.jamaica-elections.com, www.jamaicaelections the user agrees
to be bound by The Terms and Conditions of Use, Legal and Privacy
Policy of this website. If you do not wish to be bound you must
exit the website immediately.
- ACCESS TO SITE
Once you access this website whether directly or indirectly, it
is your responsibility to read the Terms and Conditions of Use
and Disclaimer and Privacy Policy. While The GOL will endeavour
to provide a reliable service we cannot guarantee uninterrupted
access to the site and we make no warranty to this effect and
the site is accessed as is.
- USER OBLIGATIONS AND WARRANTY
You may retrieve the contents of this website for personal use
only, however it shall not be stored on any retrieval system or
device for use by others.
- The contents of this website shall not be exploited in
anyway and you may not abuse the services offered herein.
You agree that the website and it's contents shall not be
modified in any way.
- The user agrees not to use or allow third parties or others
to use the service in any way
(without limitation to contents posted) which may be offensive,
abusive, indecent, threatening, menacing, defamatory, in breach
of any intellectual proprietary rights or any third party
rights, anything which is immoral, malicious of any individual,
illegal and unlawful.
- That you will not cause any annoyance, inconvenience, anxiety,
harassment to any person
from our website or the internet in violation of any laws
in any jurisdiction or any international laws.
- That you will not introduce any virus or any disruptive
or other harmful program or any
thing that will impair the service offered or any other service
on the internet or generally
anything in breach of this agreement.
- By submitting or posting content/s to this website (excluding
our chat room), you agree to and grant The Gleaner, its licensees,
agents, employees and subsidiaries the right to use, reproduce,
modify, display, distribute in any way any material or contents
submitted, except as provided otherwise herein.
- You warrant that all information submitted to us is your
original work and you own all
proprietary rights, including but not limited to any copyright
you retain.
- DISCLAIMER
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS,
HEREIN, NEITHER THE GLEANER, THE GOL, NOR ANY OF ITS SUBSIDIARIES
GIVE ANY WARRANTIES OR GUARANTEES FOR THE CONTENTS OR ANY MATERIAL
POSTED ON ITS WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY LOSS OR DAMAGE OF ANY KIND WHETHER DIRECTLY OR INDIRECTLY
INCLUDING ANY LOSS OF PROFITS OR ANY CONSEQUENTIAL OR INCONSEQUENTIAL
DAMAGES SUFFERED OR INCURRED BY THE USER FOR WHATEVER REASON.
THE CONTENT OF THIS WEBSITE IS OBTAINED FROM SEVERAL SOURCES AND
MAY INCLUDE; FACTS, VIEWS, OPINIONS, PREDICTIONS OR FORECASTS
AND INFORMATION WHICH MAY BE OF USE TO YOU GENERALLY. THE CONTENT
SHOULD THEREFORE, BE USED FOR GENERAL INFORMATION ONLY. WHILE
EVERY CARE IS TAKEN, WE DO NOT GUARANTEE THE ACCURACY, TIMELY,
CURRENT AND COMPLETENESS OF THE INFORMATION OR CONTENT ON OUR
WEBSITE. WE DO NOT WARRANT THAT THE SITE WILL BE ACCESSIBLE AT
ALL TIMES AND THAT IT WILL BE FREE FROM ANY VIRUS OR OTHER HARMFUL
OR DESTRUCTIVE SOFTWARE WHICH MAY CAUSE HARM OR DESTROY YOUR SYSTEM
ON ACCESSING OR USING THE WEBSITE. DUE CARE SHOULD BE TAKEN BY
ALL USERS TO ENSURE THAT THEIR SYSTEM OR MEANS OF ACCESSING OUR
WEBSITE IS PROTECTED FROM ANY HARMFUL OR DESTRUCTIVE VIRUS WHICH
MAY BE ENCOUNTERED WHILE ON THE WORLD WIDE WEB. THE USE OF AND
ACCCESS OF THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY IS DONE
AT YOUR OWN RISK. TO THE EXTENT THAT THEY MAY NOT BE LAWFULLY
EXCLUDED, WE ACCEPT NO RESPONSIBILITY FOR THE CONTENT ON OUR WEBSITE
OR ANY OTHER SITES ACCESSED BY HYPER-LINKS FROM OUR WEBSITE. THE
CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. WE DO NOT SHARE, ENDORSE, WARRANT,
NOR ACCEPT ANY RESPONSIBILITY FOR VIEWS, OPINIONS, PREDICTIONS
OR FORECASTS AND INFORMATION PROVIDED OR DISPLAYED ON THE SITE.
YOU SHOULD NOT RELY ON ANY STATEMENT PUBLISHED ON THIS WEBSITE
IN TAKING ANY DECISION OR ACTION WHATSOEVR, WITHOUT CONDUCTING
YOUR OWN INDEPENDENT CHECKS OR TAKING EXPERT OR PROFESSIONAL ADVICE.
BUYERS SHOULD THEREFORE, BEWARE AND MAKE THEIR OWN CHECKS AND
INQUIRIES BEFORE CONTRACTING AND PROVIDING SENSITIVE PERSONAL
INFORMATION TO THIRD PARTIES WHILE ON THE INTERNET OR THIS WEBSITE.
INDEMNITY
THE USER HEREIN AGREES THAT IT WILL INDEMNIFY AND HOLD HARMELESS
THE GLEANER COMPANY LIMITED, ITS SUBSIDIARIES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS, CO-BRANDERS AND EMPLOYEES HARMLESS AGAINST
ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSS OF REVENUE OR PROFITS,
COSTS AND FEES IN ANY LEGAL PROCEEDINGS, CONSEQUENTIAL AND INCONSEQUENTIAL
LOSS WHICH MAY BE SUFFERED ARISING OUT OF EACH OR ANY USE OF THIS
WEBSITE, WHETHER ACCESSED DIRECTLY OR INDIRECTLY, VIOLATION OF
ANY THIRD PARTY RIGHTS, PROPRIETARY RIGHTS OR ANY BREACH OF THE
TERMS AND CONDITIONS HEREIN OR ANY OTHER USER POLICY AND REQUIREMENT
WHICH MAY BE POSTED FROM TIME TO TIME AS AMENDED.
- THIS IS INCLUSIVE OF BUT NOT LIMITED TO THE USE OF ANY SERVICE
OR SERVICES OFFERED BY US WHICH INCLUDE THE SENDING AND RECEIVING
O EMAIL OR FILES WHICH MAY CONTAIN HARMFUL VIRUS WHICH MAY DESTROY
YOUR SYSTEM.
CHANGES TO TERMS AND CONDITIONS
The GOL reserves the right to make amendments from time to time
to any part or all of it's website, Terms and Conditions of Use,
or Privacy Policy. It is the responsibility of all users to check
these terms and conditions each time the website is accessed.
Each and every access of this website constitutes an agreement
that all users are bound by the terms and conditions as amended.
- CHAT ROOM POLICY
While in the chat room the information you display can be view
by others and is not private. The chatroom is a public forum and
you should not place any information there you do not wish other
third party to access or see. We will accept no liability for
any personal or private information you place in the chatroom
for the view of the public in general. Please see User Obligations
& Warranty and Indemnity.
- COOKIES
A cookie is a file that tracks a user or customer's preferences
on pages visited while on a website. On our website we may use
cookies or third parties may do so on our behalf. Should you accept
a cookie, each subsequent visit to our site will identify you
and collect and compile anonymous statistics related to your interests,
tastes, purchasing intentions and general uses of the sites. The
data collected by the cookie is compiled and used in the future
to market other products and services or advertisements to you,
to analyze the usage of our website to provide data on how to
improve the website and for feedback generally. No sensitive personal
data or personally identifiable data capable of identifying you
as a private individual are collected. All data are for specific
purposes for our private use only and not for use of any other
third party unless specifically instructed by us and only for
a specific purposes, such as marketing of products and services.
You do not have to accept cookies and you may block or disable
all cookies from your browser at anytime.
- CONTRACT FORMATION
The terms and conditions herein constitute a binding contract
made within the jurisdiction stated. By accepting these conditions
you agree to abide by and be bound by them as amended, which we
are entitled to do from time to time. If you do not intend to
be bound by them you should not use this website or its other
sites. Please see our Terms and Conditions of Use and Privacy
Policy.
- All contracts for services or goods for money or money's worth
will have their own procedure and terms and conditions. These
must be complied with if you intend to enter into a binding contract.
These may include but are not limited to our; classifieds, subscription,
library or other restricted microsites, which may require you
to register and pay for the services offered there. You should
not provide confidential financial and personal information if
you do not intend to be legally bound by the terms and condition
as set out on those pages. See Also Jurisdiction, Disclaimer,
Privacy Policy.
- CO-BRANDED SITES
Please read in conjunction with our Privacy Policy
There may be sites with which we are associated and provide a
link from our website. These sites are however operated by third
parties with whom The Gleaner may have a commercial relationship.
This may include some sites which require that you make payment
to access. In accessing these sites which are under the control
of the third party, you may be asked to provide confidential and
or financial details. The Terms and Conditions of Use and Privacy
Policy of The GOL does not apply to these sites and these third
parties will have their own privacy policy and terms and conditions
of use and or contract terms. You must decide whether to enter
into legal relations or contract with them or agree to the third
party's use of your personal information, which they may decide
to do. We make no warranty or guarantees in respect of these sites
as they are not under our control. The Gleaner and the GOL and
or their subsidiaries accepts no liability in this regard.
- COMPETITIONS & CONTESTS
From time to time, competitions may be advertised and run on our
websites. Separate rules, conditions and any applicable laws in
force at the time will apply. We will not be liable for any competition,
game, contest or lottery which is done without the requisite permit
or license and any such act carried out by any third party, is
not with the permission of the Gleaner, the GOL or any of its
subsidiaries. We cannot and do not make any representation or
warranties for any third party who may choose to do so. Except
that where The Gleaner or its subsidiaries promote competitions
and contests it will do so as required by law in its own jurisdiction.
It is your responsibility to ascertain whether these may be in
breach of any laws within the jurisdiction you reside.
- INTELLUCTUAL & PROPRIETARY RIGHTS
(i) Copyright
This service is protected by Jamaican and international copyright
laws. All material, including but not limited to; text, sound,
photographs and graphics in any form appearing on the site are
considered as a collective work and are subject to copyright protection.
- Copyright laws prohibit you from copying, reproducing, distributing
or modifying any part of the collective works except that you
are authorized to copy documents and information published by
The Gleaner Company Limited on this site (henceforth referred
to by "documents") for non-commercial use only. Non-commercial
use is defined as making one machine readable and/or print copy,
excluding photocopying, that is limited to occasional articles
of personal interest which are for your sole personal use.
- Neither the Name of The Gleaner, The Sunday Gleaner, The Financial
Gleaner, The Jamaica Gleaner Online, The Star, Discover Jamaica,
Go-Jamaica, Go Local Jamaica, Youthlinkjamaica, Da Flex, Caribbean
Media.net, Sports Jamaica GoJamaica-Host, Jamaica Elections, Hospitality
Jamaica nor the name of any of its subsidiaries, nor the Gleaner
Logo, nor the logo of any of its subsidiaries or sites, nor their
likeness or any derivative thereof may be used in conjunction
with these documents for advertising or publicity purposes without
prior written permission being obtained.
- (ii) Trademarks
The trademark of the Gleaner company are registered by us. We
retain all proprietary rights in them, www.Go-Jamaica.com and
any of it's associated websites, www.jamaicagleaner.com , www.jamaica-gleaner.com
, www.discoverjamaica.com , www.youthlinkjamica.com , www.sportsjamaica.com
, www.golocaljamaica.com , www.daflex.net , www.jamaica-star.com
, www.jamaicastar.com , www.gojamaica-host.com , www.gleanerclassifieds.com
, www.gleanersubscriptions.com , www.gleanersubscription.com ,
www.gleanerarchives.com , www.gleanerlibrary.com , www.jamaica-elections.com,
www.jamaicaelections,com www.caribbean-media.net , www.go-localjamacia.com,
www.hospitalityjamaica.com. You many not use them in any form,
likeness or derivatives, without our written consent.
Advertisers or links on our website may display or have their
logos, names, trade marks or trading names thereon. We make no
warranties in respect of these and you must do your own independent
enquiries or make direct contact with them.
All trademarks acknowledged.
Please direct all questions to :
The Gleaner Company Limited
7 North Street
Kingston, Jamaica, West Indies
(876) 922-3400 tel
(876) 922-3196 fax
Email: ads@jamaica-gleaner.com
- JURISDICTION
This agreement, including these Terms and Conditions of Use and
any other terms and conditions which are posted on the pages of
our site constitute a contract made in Jamaica and is governed
in all respects by the Laws of Jamaica and must be construed,
applied and interpreted in accordance with those laws. Any and
all dispute, controversy or differences as to the interpretation,
construction or any contract or any action which may arise in
tort, the choice of law shall be Jamaican law.
- Except that the GOL retain the right to bring proceedings as
to the substance of the matter in any court including, the courts
of your country of residence or the country of your domicile or
principal place of business. On accessing this website you irrevocably
agree that the Jamaican court shall have exclusive jurisdiction
in any and all disputes arising out of or in connection with the
accessing of and or use of the site or its content in any way
whatsoever.
- ARBITRATION
All disputes, whether in tort or contract or any conflicts(excluding
conflicts of laws), differences which may arise out of or in connection
with this agreement or its construction, operation, interpretation
or termination shall be settled by arbitration. The parties shall
decide the venue of such arbitration and where they are unable
to do so within SEVEN (7) DAYS one shall be appointed by the Court
or a Judge may do so on an application by either party. The arbitration
shall be in accordance with the Arbitration Act 1900 or any laws
or regulations in force in Jamaica are deemed to be incorporated.
The number of arbitrators shall be three. Each party to the proceedings
shall be permitted to appoint its own arbitrator within SEVEN
(7) DAYS and both arbitrators may appoint a third arbitrator or
referee. If the appointment of the third arbitrator or referee
is not made by the parties or the arbitrators, so appointed by
the parties; any party or arbitrator may serve written notice
on the parties to the proceedings, or the arbitrators. If the
appointment is not made within seven days after service of the
notice, the Court or a Judge may on application by a party or
an arbitrator who gave the notice, appoint a third arbitrator
or referee, who shall have the like powers to act and make an
award as if he had been appointed by the consent of the parties.
- The arbitration and any subsequent award shall take place in
Jamaica. All submissions and awards in relation to the arbitration
proceedings shall be made in English. The arbitrators shall resolve
all dispute referred to them in accordance with the substantive
laws of Jamaica.
- HYPER-LINKS AND THIRD PARTY SITES
There will be links from our website to other sites owned and
operated by us or third party sites. The third parties may include
advertisers, merchants or others. The inclusion of third party
hyperlinks, is not an endorsement of the websites or its contents
nor does it imply that by your use it will not infringe the rights
of others. You must assume the risk of infringement. These may
be provided for easy reference and convenience and we accept no
responsible for their operations, accessibility or content as
they are not under our control. They will have their own terms
and conditions of use and privacy policy and it is your responsibility
to read these. When you access a hyperlink external to our sites
you would have exited out domain and entered that of the third
party for whom we have no responsibility or obligation in respect
of the use of its site or its terms and conditions. This is the
sole responsibility of the third parties. We exclude all liability
and make no warranties or guarantees in respect of these sites
whatsoever. All information, services, products, and any transactions
entered into, terms agreed to or representations made are entirely
between you and the third party. We will not accept any liability
and you hereby agree to indemnify us from every and all liabilities
and as set out in our indemnity clause.
- MESSAGE BOARDS
At our sole discretion, The Gleaner and The GOL reserves the sole
right to remove any and all material or information posted on
our message boards or website. All messages are subject to our
editorial control and we may edit, make corrections or refuse
at our sole discretion information received before posting.
- PRIVACY POLICY
Because of the anonymous nature of the internet, we will require
certain confidential information known only to you and is necessary
for us to identify you. All necessary precaution is taken to keep
confidential all personal or financial information submitted on
our website. When we ask that you provide us with confidential
information such as credit card, charge cards or other electronic
or digital modes of payment we use technologically secure electronic
systems. Strict corporate policies and procedures are adhered
to, to prevent any breach or access by unauthorized persons and
periodic reviews are conducted to avoid a breach of these policies
to prevent any loss, misuse or changes to the information submitted.
- The information collected will not be used for any purpose other
than the intended purpose when requested. There may be occasions
when parts or all of the information provided by you will be shared
with other third parties who are acting on our behalf. They are
mandated by us to maintain a strict code of conduct and confidentiality
and are instructed to use the information only in accordance with
our privacy policies and procedures.
- The accessibility of the internet globally means it does not
recognize national boundaries. Therefore the collection and transmission
of personal data is not confined to one country. By using the
internet and our website your personal data may be processed and
transferred to or via jurisdictions without our knowledge and
or control. You therefore agree that your personal data may be
processed or transmitted in these several jurisdictions.
- Minor (children)
It is the responsibility of a guardian or parent to ensure that
a child or minor is monitored while using the World Wide Web.
While we will exercise due care to protect their privacy and will
not knowingly permit advertisement which if promoted to a minor
may be immoral, unsuitable, inappropriate or illegal, we strongly
advise that parental permission be given before any action is
taken by a minor in response to any direct marketing for any products
or services while using this website.
- As a commitment to maintaining your privacy we are a TRUST.e
licensee.
You may contact us at legal@gleanerjm.com regarding our privacy
policy.
- REPRODUCTION OF CONTENT
The contents of this site are copyrighted to or licensed to us
for our use exclusively on this site and in the manner displayed
or portrayed. The contents may also include the trademarks, designs
or other works of advertisers, merchants or other third party.
You may not reproduce in any form whatsoever, create a derivative
of, store on any retrieval system accessible to a third party,
the content of this website or the proprietary rights of any third
party. See Intellectual & proprietary rights. Written permission
must be given by The Gleaner or the relevant party for the reproduction
of the content of this website or any material, graphic or design
posted on the site.
- REGISTRATION
You may be required to register or access some pages on our website
in order to use them. You must provide complete and accurate information
when prompted to do so. It will be your responsibility to update
your registration data should there be any changes.
- When you register, it is for a single user only and your user
name and password is for your exclusive use only, and must never
be shared or used by anyone. Separate terms and conditions will
apply on registering for these pages and registration will be
terminated unless you accept the terms and conditions of use for
the specified pages, which will be in addition to the terms and
conditions for the general use of our website.
- Registration will be exclusively for the GOL and does not apply
to registration on websites of any third party, who will have
their own procedure.
- SERVICES
All subscriptions must be done in accordance with the terms and
conditions set out on that page, in addition to any laws or terms
which may apply as amended from time to time. See our:
(i) Subscriptions,
(ii) Classified Advertisements,
(iii) Archives,
(iv) Library Services
(v) Careers Section
(vi) Newsletter
- TERMINATION OF ACCESS
Without prejudice to its other rights The Gleaner reserves the
right at any time without prior notice or reference to you and
without limitation; to terminate, suspend or restrict access from
this website or its pages in the following circumstances where
you are abusing the services provided, arising out of such event
which prevents us from providing the service, any breach of the
terms and conditions herein or there are any changes in any laws
or regulations governing the website or the internet, where there
has been any infringement of any proprietary rights which you
have failed to comply with or are unlikely to comply with.
- SEVERABILITY
Should any provisions of this agreement be declared void or unenforceable
, such provision shall be severed and construed to give legal
effect to the parties intention, and the remaining agreement shall
remain in full force and effect.
- The headings or subheadings used herein shall have no legal
effect whatsoever and are used for ease of reference.
- GENERAL
The user may by statute or law acquired some right from which
a claim or action may arise out of the use of or in connection
with the terms and conditions herein. The user hereby agrees that
any such action shall be filed within one (1) year from the date
on which the claim or action arose or be barred forever.
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