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.