1.0 BINDING EFFECT.
Whereas Kiskadee Media Inc. hereinafter referred to as “THE COMPANY” is the owner and controller of the Caribfind.tel Business Directory, with the specific services provided being described on the CaribFind.tel Website (the “SITE”), THE COMPANY offers the use of the SITE under the terms and conditions specified hereinafter in this AGREEMENT. By using the SITE and its services, you the ‘CLIENT’ warrant that you fully understand, and agree to be bound by, this AGREEMENT. The AGREEMENT may be amended and/or supplemented from time to time by THE COMPANY at its sole and absolute discretion. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately leave and cease all use of the SITE. YOU AGREE THAT BY USING THE SITE AND SUBSCRIBING TO ITS SERVICES, YOU REPRESENT THAT YOU POSSESS THE ADEQUATE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
2.0 SCOPE OF SERVICE.
2.1 THE COMPANY offers CLIENT free Directory Listings, and subscription-based Directory Listings, Classified Listings, Deals Listings, Events Listings and Posting of Articles, and free posting of Comments on a Blog, (all these together hereinafter referred to as ‘POSTS’) as described on the SITE, and other services which, from time to time, THE COMPANY may add to its service offerings. THE COMPANY reserves the right to deny or cancel service to any entity or person who uses or requests to use the SITE and its services for any purpose which THE COMPANY considers, in its sole judgement, not to be family-friendly, or to be illegal, libellous or defamatory, racist or discriminatory, is pornographic or displays nudity.
2.2 THE COMPANY also reserves the right to deny service to persons or entities which it determines, in its sole discretion, not to be part of the Caribbean business community, whether in the Caribbean region or any other part of the world except if this person or entity can reasonably demonstrate business or familial ties to the Caribbean region.
3.0 CLIENT USE.
4.1 CLIENT in its use of the SITE and its services shall comply with all applicable laws whether national, state, provincial, federal, or international.
4.2 THE COMPANY has the sole authority to refuse or to discontinue this agreement at any time if it deems that in its use of the SITE and its services CLIENT engages in:
- Posting, transmitting, or facilitating in the promotion of illegal content or illegal products and services.
- Promoting material, products and/or services to harass, threaten, embarrass, slander, or defame a third party.
- Transmitting or facilitating distribution of content that is libellous, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
4.3 Or, if the CLIENT uses the SITE for a purpose that infringes on the intellectual property rights, copyright or trademark of a third party.
4.4 In the event of such a cancellation, CLIENT will be refunded the prorated balance of the most recent payment within 30 days of the cancellation.
4.5 THE COMPANY reserves the right to selectively remove from POSTS, material which THE COMPANY in its sole discretion, determines to be in contravention of the provisions of this service agreement.
5.0 EMAIL PERMISSION
5.1 As part of its sign-up procedure, whether for a free or paid-subscription service, THE COMPANY requires that a CLIENT provide its email address: By signing up as a user, CLIENT agrees explicitly to allow THE COMPANY to add this email address to a Caribfind.tel mailing list, and agrees to allow THE COMPANY to contact CLIENT by email for the following purposes:
- To facilitate the set-up of account, approving listings or other posts, or to facilitate accounting.
- To provide client with relevant reports on the performance of their POSTS and or to suggest ways to improve performance.
- To introduce CLIENT to any new services being offered by THE COMPANY.
- To facilitate communication between subscribers for the purpose of furthering the business interests of all subscribers.
Client will always have the option to easily unsubscribe from the Caribfind.tel mailing list either by a direct request to Kiskadee Media Inc. or through the Unsubscribe link in promotional emails.
By listing your email on any POST, CLIENT understands that anyone with access to their POST might contact them by email.
6.0 NO WARRANTIES OR GUARANTEES ON SERVICE
6.1 THE COMPANY offers, in and by this agreement, the use of the SITE and its services, the use, features, benefits and limitations of which are detailed on the SITE. The COMPANY, its affiliates, subsidiaries, officers, directors, employees or agents do not make any express or implied guarantees with respect to the performance of any POSTS.
6.2 THE COMPANY does not warranty or guarantee that access to Caribinfd.tel be uninterrupted, that there will be no delays, downtime, failures, errors, loss of functionality, discontinuation of features, or degradation of service.
6.3 It is the responsibility of CLIENT to determine the applicability, usability, usefulness, benefit, reliability, of the services of Caribfind.tel before signing up.
7.0 TERMINATION OF CONTRACT
7.1 CLIENT has the right to request termination of this contract within ten days of signing up, without any need to provide an explanation or cause. In this case THE COMPANY will process a full refund of the contracted amount for the period of a new contract or renewal period of an old contract. CLIENT must make a request in writing or by email to Kiskadee Media Inc.
7.2 If CLIENT wishes to cancel or terminate its Listing, or other service any time after ten days of signing up, there is no refund of any charge in whole or in part unless the COMPANY is in default of any of its obligations under this AGREEMENT and shall fail to remedy such default within thirty (30) days after written notice thereof. Also THE COMPANY does not allow for the switching of fees from one service to another, or from one post to another, nor does it allow or facilitate switching its service from one company to another.
8.0 INTERRUPTION OF SERVICE.
8.1 Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war or terrorism, fire, insurrection, laws, proclamations, edicts, ordinances or regulations, downtime of servers, disruption of communications or non-performance of third party providers for whatever reason.
9.0 INVALIDITY OR SEVERABILITY
9.1 If there shall be any conflict between any provision of this AGREEMENT and any law, regulation or decree affecting this AGREEMENT, the provision of this AGREEMENT so affected shall be regarded as null and void and shall, where practicable, be curtailed and limited to the extent necessary to bring it within the requirements of such law, regulation or decree but otherwise it shall not render null and void other provisions of this AGREEMENT.
8.1 CLIENT agrees to indemnify and hold harmless THE COMPANY against all damages, losses or liabilities which may arise with respect to its use of the SITE.
8.2 CLIENT agrees to indemnify, defend, and hold harmless Kiskadee Media Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from CLIENT’s access to or use of the SITE and its services, or CLIENT’s violation of these Terms of Service, or CLIENT’s infringement, or infringement by any other user of CLIENT’s account, of any intellectual property or other right of any person or entity. THE COMPANY will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.0 DISCLAIMER OF WARRANTIES
KISKADEE MEDIA INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE CARIBFIND.TEL SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KISKADEE MEDIA INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES IT PROVIDES.
10.0 EFFECT OF TERMINATION
10.1 In the event that either Party shall be in default of any of its obligations under this AGREEMENT and shall fail to remedy such default within thirty (30) days after written notice thereof, the Party not in default shall have the option of terminating this AGREEMENT by giving written notice of termination with an immediate effect to the defaulting Party.
10.2 Termination of this AGREEMENT shall not affect the rights and obligations of the Parties accrued prior to termination. Upon termination or expiration of this AGREEMENT, any provisions herein, which are intended to continue and survive such termination or expiration, shall survive expiration or termination of this AGREEMENT.
11.1 All notices required to be given by one party to the other under this AGREEMENT shall be delivered by hand or sent by express mail to the address of the addressee, or sent by electronic means capable of producing a readable hard copy, including email and facsimile.
11.2 Notices shall be deemed to have been received -
(a) If sent by express mail, two days after delivery with signature verified from recipient.
(b) If delivered by hand, on the day of delivery.
(c) If sent by electronic means, at the time of transmission if transmitted during business hours and, if not during business hours, one hour after commencement of the next working day following the day of transmission.
12.0 NO LICENSE.
12.1 Nothing contained on the SITE or the Kiskadee Media Website or in this AGREEMENT should be understood as granting CLIENT, its affiliates, subsidiaries, officers, directors, employees or agents a license to use any of the trademarks, service marks, or logos owned by THE COMAPANY or by the Caribfind.tel site, except as expressly permitted by the COMPANY.
13.0 GOVERNING LAW AND JURISDICTION
13.1 The services offered by the COMPANY are administered from its offices in Canada. This AGREEMENT will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. You hereby agree and consent that all disputes, controversies or claims arising out of or in connection with use of the service shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of, or in connection with the use of the service offered by the SITE.
14.1 The COMPANY may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The COMPANY shall post any revision to this AGREEMENT to the Site, and the revision shall be effective immediately on such posting. CLIENT agrees to review this Agreement and other online policies posted on the SITE periodically to be aware of any revisions. CLIENT agrees that, by continuing to use or access the SITE following notice of any revision, CLIENT shall abide by any such revision.
15.0 ENTIRE AGREEMENT
15.1 This AGREEMENT is the complete and exclusive agreement between the COMPANY and CLIENT. This AGREEMENT supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
16.1 BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.