THE GLEANER COMPANY
TERMS AND CONDITIONS OF USE
Updated October 1, 2015
WELCOME TO THE GLEANER ONLINE
ACCESS TO SITE
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 its 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, illegal, unlawful or malicious of any individual.
- You may not subject The Gleaner to any derogatory treatment or use them in such a way that would bring The Gleaner into disrepute or cause The Gleaner to incur liability to any third party.
- 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 anything that will impair the service offered or any 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 royalty free, the right to use which includes but not limited to publishing, republishing, reproducing, modifying, displaying, distributing in any way any material or contents submitted, except as provided otherwise herein. The Gleaner reserves the right to remove any of your contributions if The Gleaner believes that they do not comply with the Terms.We may also transfer these rights to trusted third parties and use your material to promote our products and services. These rights will continue to exist in perpetuity after you terminate, deactivate or cease using your account. We therefore are not obliged to comply with any request to cease using the material.
- You own all the propriety rights in your contribution, including but not limited to any copyright. You confirm and warrant that all information submitted to us is your original work and is not defamatory or unlawful and does not infringe anyone else's rights (including privacy rights) and that it complies with the Terms and Conditions.
- You confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 18.
- We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible.
- The Gleaner may allow you to display information that is on The Gleaner's websites on your website, but you may not display such information where it is on or in connection with Excluded Products or Services, namely products or services which:
- contain pornography and sexually explicit content;
- contain offensive text or images;
- incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour;
- contain gratuitous violence or promote, encourage or facilitate violence;
- promote, encourage or facilitate terrorism or other activities that risk national security;
- discriminate against any specific social group or otherwise exploit vulnerable sections of society;
- promote, facilitate or encourage illegal activity;
- are misleading, defamatory, or that contain illegal, or otherwise actionable content under Jamaica law;
- put the welfare of children at risk;
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 NOR 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 WHATSOEVER, 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.
THE GLEANER COMPANY, ITS AFFILIATES, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY USE OF GLEANER CLASSIFIEDS OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE GLEANER CLASSIFIEDS AND /OR ANY ERRORS, OMISSIONS, OR DEFECTS IN THE CONTENT.
- CLASSIFIED ADVERTISING
On-line classified advertising is accepted with the understanding that all terms, conditions and charges specified herein are acceptable to the advertiser and that no contrary agreement shall be binding on The Gleaner. As used in this document, the term "advertiser" shall include any agent of the advertiser. By becoming a registered user of Gleaner Classifieds you agree to the following terms and conditions.
Classified advertising orders that do not conform to the rates or rules listed on the existing rate card will be regarded as clerical errors and will be appropriately amended.
The Gleaner will not be bound by any conditions, printed or otherwise, appearing on any classified advertising order or copy instructions inconsistent with the terms and conditions of this contract. All classified advertising is accepted subject to the approval of The Gleaner. The Gleaner reserves the right to revise, reclassify or reject, in whole or in part, any copy submitted for publication. Abbreviations are used solely at the discretion of the newspaper.
Notwithstanding any statement to the contrary, advertiser is solely responsible for the contents of all classified advertising published on its behalf. Advertiser agrees to indemnify and hold harmless The Gleaner against all expense (including attorney's fees) incurred as a result of publishing classified advertising material.
If copy is received after the classified advertising deadline, The Gleaner will not be held responsible for errors nor for any portion of an issue in which an classified advertisement does not appear. The Gleaner's liability for an error will not exceed the aggregate value of the space occupied by the error. The Gleaner will not be responsible for more than one incorrect insertion on classified advertisements scheduled for more than one time.
Your classified advertisement may not be published if it:
- Includes a request for money to be sent to any party
- In the opinion of The Gleaner exposes The Gleaner and/or any of its employees to any legal risks
- Is discriminatory (which includes but not limited to colour, class, religion or nationality)
- Gives guarantees that cannot be proven scientifically or otherwise
- Informs the public of fraudulent cheques in circulation
- Is a political advertisement
- Refers to a specific person/persons and/or Company other than the person or Company placing the ad
Agency commissions are not available through this service.
Placing of Classifieds:
Notwithstanding any statement to the contrary herein, the advertiser and/ or his agent either jointly or severally shall be responsible for the payment of all classified advertisements placed online and published by The Gleaner. The advertiser, shall in this context mean, the individual (which shall include a company) placing the classified advertisement on his own behalf, or an agent. The advertiser, hereby agrees that all charges made against such credit card or other instrument of payment shall be honoured unless otherwise refundable. The Gleaner may as of right pursue legal action and any other remedy it may be entitled to in recovering any payment in respect of classified advertisements published at the request of the advertiser or its agent.
The Gleaner has the right to refuse publication of any submitted classified advertisement and will refund the client's money charged to the client's credit card. This is the total limit of any compensation.
Classified Advertisements submitted on-line are the responsibility of the advertisers or persons creating the classified advertisement and no refunds will be made for the client's error in the classified advertisement.
Cancellations of classified advertisement must be done two (2) days prior to the selected publication dates to claim a refund; no refund will be provided otherwise.
The Gleaner will provide its best efforts to publish classified advertisements on the selected publication dates. However, the client understands that The Gleaner has no control over all aspects of internet access and therefore cannot be held liable for missed deadlines due to unavailability of network, equipment, application or other facilities and/or services outside of its control. In such case of missed deadlines, errors or defects in content made by The Gleaner, a refund will be given to any charges made to the client's credit card. This will represent the total limit of any compensation.
All refund claims must be made within 30 days of the selected publication date. We reserve the right to issue refunds at our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future.
THE USER HEREIN AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS THE GLEANER, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CO-BRANDERS AND EMPLOYEES 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 OF EMAIL OR FILES WHICH MAY CONTAIN HARMFUL VIRUS WHICH MAY DESTROY YOUR SYSTEM.
The Gleaner will not be liable for any breach of Copyright or other intellectual Property Rights as a result of publication of your material. You will be exclusively liable for any breach of Copyright or other Intellectual Property Rights proven by a third party with respect to your material. It shall be your duty to prove ownership of the contested material. You agree to fully indemnify The Gleaner, it heirs, successors, Directors, employees, affiliate companies and agents from any and all causes of action, loss, damage, injury or cost incurred including attorneys' fee and settlement fees as a result of its publication of your material.
In addition, The Gleaner will not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise) arising out of or in connection with the use of the website:
- loss of data;
- loss of revenue or anticipated profits;
- loss of business;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of website regardless of the relevant form of action.
The Gleaner endeavours to provide users with uninterrupted access to the website. Occasionally we conduct scheduled and emergency maintenance or repairs on the website; consequently we will not be responsible or liable for any disruption or delay in service, whether scheduled or unscheduled. Neither will we be liable for loss of access to the website as a result of acts of God, acts of Parliament, acts of third party service providers or any other factors which we have no control.
CHANGES TO TERMS AND CONDITIONS
CHAT ROOM POLICY
While in the chat room the information you display can be viewed by others and is not private. The chat room 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 chat room for the view of the public in general. Please see User Obligations & Warranty and Indemnity.
HYPER-LINKS AND THIRD PARTY SITES
- 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 are not liable for any competition, game, contest or lottery and any such competition/contest 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 the laws of Jamaica. It is your responsibility to ascertain whether these may be in breach of any laws within the jurisdiction you reside.
- 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 below).
Written permission must be given by The Gleaner or the relevant party for the reproduction of any content posted on this website.
- INTELLECTUAL & PROPRIETARY RIGHTS
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the website belong to The Gleaner and/or third parties (which may include you or other users). The Gleaner reserves all of its rights. Nothing in the Terms and Conditions grants you a right or licence to use any trade mark, design right or copyright owned or controlled by The Gleaner or any other third party except as expressly provided in the Terms and Conditions.
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 (Media) Limited on this site (henceforth referred to as "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 or any other product of The Gleaner, 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 classified advertising or publicity purposes without prior written permission being obtained.
The trademark of The Gleaner is registered by us. We retain all proprietary rights in them. You may 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, trademarks 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.
- MESSAGE BOARDS
At our sole discretion, The Gleaner and The GOL reserve 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.
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 try and 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.
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. The Gleaner shall not be held liable for any unsupervised use by a minor.
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 GOL and does not apply to registration on websites of any third party, who will have their own procedure.
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:
- Classified Advertisements
- Library Services
- Careers Section
- 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, if it is believed that there is 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.
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.
- LIMITATION PERIOD
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.
- WAIVER OF RIGHTS
Failure of The Gleaner to pursue or enforce its rights does not constitute a waiver of those rights.
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.
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.
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.
THANK YOU FOR READING THESE TERMS AND CONDITIONS OF USE, IF YOU DO NOT AGREE WITH ALL THE TERMS CONTAINED IN THIS AGREEMENT PLEASE DO NOT USE THE WEBSITE.