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Head Office:
Kingston
40-42 1/2 Beechwood Avenue,
Kingston 5,
Jamaica, W.I.

Phone:
876-926-7655

Email:
userhelp@jamaicaobserver.com
subscriptions@jamaicaobserver.com

ABOUT SSL CERTIFICATES
Terms & Conditions

TERMS AND CONDITIONS FOR THE WEBSITES
Please read carefully the following Terms and Conditions. They apply to the Websites (as defined below), which are owned and operated by members of the Jamaica Observer Limited and, by accessing any of the Websites, you are agreeing to abide and be bound by such Terms and Conditions.
No charge is made for your use of the Websites (unless otherwise stated), although you should be aware that telephone call charges, at rates determined by your telephone operator, may apply (including WAP over GPRS or other telephony charges). Click on the links below to access sections of this document:

1. Definitions
2. Acceptable User Policy
3. Registration
4. Jurisdiction
5. Cancellation Rights
6. Payment
7. Content Availability
8. E-mail Policy
9. Material Submissions Policy
10. Liability
11. Indemnity
12. Software and Security
13. Changes to Terms and Conditions
14. Advertising and Sponsorship
15. Competitions, Contests and other Chargeable Content
16. Termination
17. E-commerce
18. Choice of Law and Jurisdiction
19. General
20. Contact
21. Information Management
22. Cookies
23. Children’s Privacy
24. Security
25. Reminders

  1. Definitions

In these Terms and Conditions the following terms shall have the meanings set out below:

“Charges” the cost of subscribing or receiving the specified content which is calculated as a final cost and is inclusive of all applicable taxes.
“Content” all material uploaded by JOL onto the websites which forms the Jamaica Observer ePaper or any of the JOL websites.
“EPaper” means the JOL newspaper as presented by technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities which appears in the same style, format and layout as the printed version of the Newspaper.
 “Eastern Standard Time” means the time used on the east coast of North America, which is five hours behind Greenwich Mean Time, GMT;
“Electronic Device” means a computer, mobile phone, WAP phone, personal digital assistant, or other electronic device capable of accessing the Websites;
“Force majeure” means no party to this agreement shall be held in any way responsible for any failure to fulfill its obligations under this Agreement if such failure has been caused (directly or indirectly) by circumstances beyond the control of the defaulting party. This shall include accident or equipment failure, war, riot, industrial action or act of terrorism, act of God or nature.
“JOL” means the Jamaica Observer Limited a company incorporated under Jamaican law which owns and operates the Newspaper.
“Material” means editorial content, letters, photographs or any other information submitted by whatever means for publication in the Newspaper.
“Micro Site” means any page on a Website;
“Newspaper” means The Daily Observer, Sunday Observer and all Supplements and features printed by JOL and attached or inserted by JOL as a part of its newspaper, it shall also include, the internet editions of the newspaper as well as all other websites but shall exclude flyers and other third party insertions contracted for distribution.
“Publishing days” means all those days of the year on which the newspaper is published, excluding Good Friday and Boxing Day and any other day which is the subject of a force majeure event.
“Subscription period” means the allotment of consecutive publishing days purchased by the consumer which is bundled by JOL and which JOL is obliged to supply in accordance with these terms and conditions.
“Substantially unused portion” means any unused potion of the subscription period which amounts to more than three-quarters of the said period.
“Taxes” means any taxes applicable to the sale of goods or services under Jamaican law, including General Consumption tax, GCT of the applicable rate which for the time being shall be sixteen and a half percent (16.5%)
“Trademarks” means any of the registered or unregistered trademarks, logos, designations owned by  JOL which includes the Daily Observer, The Jamaica Observer, Sunday Observer, The Jamaica Observer e-Paper, Observer Archive, Racing Observer, Page Two, Page 2, Sporting World, any associated word or device marks and combinations of the same, and any other trade marks as maybe added to this list from time to time.
“Websites” means the websites (including their constituent pages) with their home pages as set out below (and “Website” means any one of them): www.jamaicaobserver.com, and any other site, web address owned or operated by a member of JOL as may link to these Terms and Conditions from time to time.
“Material” means any graphic photographic, text or editorial data or information submitted to JOL for publication, such data or information which is not submitted to JOL under any contractual arrangement or agreement whether written or oral.

  1. Acceptable Use Policy

You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
All material on the Websites and any material sent to you by e-mail or any other form from the Websites (the "content") or in any way relating to the Websites belongs to our licensors or us. You may retrieve and display content from the Websites on the Electronic Device on which you first accessed it or downloaded it, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.
We, or our licensors, own the copyright and all other intellectual property rights associated with the content, save where otherwise stated.
You may not do any of the following without prior written permission from us:
·  reproduce the content (other than allowed under this Acceptable Use Policy), or modify or in any way commercially exploit any of the content;
·  redistribute any of the content (including using it as part of any library, archive or similar service);
·  remove the copyright or trade mark notice(s) from any copies of content made in accordance with these Terms and Conditions;
·  create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. Requests to republish, redistribute or syndicate content should be addressed to: ipu@jamaicaobserver.com.
You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in the Websites may be the trade marks, service marks or trading names of third parties. To check whether any product or service is a registered trade mark of ours please contact: ipu@jamaicaobserver.com.
In accessing the Websites, or any one of them, you agree not to:
·  impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
·  modify, access or make available data stored on a computer device which you have accessed through our network (unless otherwise permitted by the Website or these Terms and Conditions);
·  make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
·  damage, interfere with or disrupt access to the Websites or do anything which may interrupt or impair their functionality;
·  make any commercial or business use of the Websites or resell or commercially benefit from any part or aspect of the Websites;
·  publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
·  threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
·  make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software;
·  falsify the true ownership of software or other material or information contained in files made available via the Websites;
·  obtain or attempt to obtain unauthorised access, through whatever means, to the Websites, other services or computer systems or areas of our or any of our partners' networks;
·  set up links from any website controlled by you to any Micro Site, except to the home page of a particular Website, without our express written permission.  We retain the absolute right to prevent you from accessing the Websites, without prejudice to any of our accrued rights, where we in our reasonable discretion consider that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions, and we have informed you of your contravention or breach.

  1. Registration

Some websites will require that you register in order to use them; you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following:
·  any other person sharing your user name and password or other access feature;
· access through a single user name and password or other access feature being made available to multiple  users on a network.
We will not be liable for any unauthorized transactions made using your user name or password.
After you have registered to use a Website (or a Micro Site on any of the Websites), you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms and Conditions. You will not be allowed to complete registration unless you indicate your acceptance of these Terms and Conditions and any other terms and conditions that may apply.

  1. Jurisdiction

It is your responsibility to ensure that your use of the Websites is not contrary to the laws of your country of residence.
However for the avoidance of all doubt this agreement shall be governed by the laws of Jamaica.

  1. Cancellation Rights

The subscription price of the ePaper is set out on the pages which contain our subscription process and you may take out a subscription based on the frequency selected by you at the applicable rates. The nature of the goods and service offered by JOL under this agreement is such that cancellation will only be allowed in the strictest circumstances as outlined below. In any other case where JOL has already supplied the ePaper there shall be no cancellation or refund due to the nature of the good  and for those purposes JOL will invoke the provisions of S.28 (2)(e)(iii) of the Electronic Transaction Act. http://moj.gov.jm/laws/electronic-transactions-act
However in the event that the customer wishes to cancel his subscription in relation to such substantially unused portion of the subscription which remains outstanding he shall be entitled to a refund on the following terms.
You will be required to notify JOL by email at subscriptions@jamaicaobserver.com or by completing the refund request form on the JOL website
You will be required to verify your sign-in information.
JOL will forward your request to our e-commerce solution within 72 hours of receipt of your request.
JOL will not be responsible for the rate at which your request is processed by the e-commerce solution or your own issuing bank.
You will not be entitled to any cash refund from JOL, but your card will be credited with the approved amount.
Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party and not JOL.

  1. Payment

Where any goods or services offered via the Websites requires payment:
· It is your responsibility to ensure that your Electronic Device has the necessary technical specification to receive or use any content purchased from the Websites.
·  All amounts payable must be paid in full in American dollars, (unless otherwise indicated) without any deductions or set offs
·  If any payment is not verified and approved, your payment is rejected or refused or you default in payment, your service will be immediately suspended.
·  You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged by a mobile phone network operator, network service provider or internet operator. These charges are not in addition to the price of this service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.

  1. Content Availability

The content which is the subject of this Agreement and which makes up the ePaper shall be available by no later that 6 a.m. EST.

  1. E-mail Policy

We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail ("e-mail") which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all e-mails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on any of the Websites or in any of the Newspapers we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff.

  1. Material Submissions Policy

Any material sent to the Newspaper by any third party is submitted for publication on the following terms:

  • You are the author, owner of the said material or have been granted permission or licence by the owner to submit the said material to the newspaper.
  • You are granting us a non-exclusive royalty-free worldwide licence to publish, republish or otherwise use the said material in any way now or in the future whether in printed or electronic formats.
  • There is no guarantee that submitted material will be published and in the event that it is so published the newspaper reserves the right to edit for grammar, content, libel or suitability before publication. Further publication will be done with no expectation of compensation.
  • The material submitted shall not be obscene, offensive defamation, deliberately intended to upset others or to breach the intellectual or other property rights of any third party.
  • You acknowledge that breach of any of these terns may cause the Newspaper damage or loss and you agree to indemnify the newspaper in respect of any claims by any third party for loss, damage or other harm.
  • You remain the owner of the said material and retain copyright of the material and are free to republish, dispose of the material in whatever way you desire providing that in any other publication of the material no reference is made to the newspaper unless express prior permission from the newspaper has been obtained.  The permission can be obtained at ipu@jamaicaobserver.com  

 

  1. Our Liability

You agree that we have no control over third party content and information which can be accessed using the Websites and that we do not examine or edit the use to which you or others put the Websites or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such third party content or information. This applies to advertisements as well as websites offering goods or service.
Except for death or personal injury caused by negligent acts or omissions, we shall only be liable to you for any loss or damage arising from your use of the Websites which is a reasonably foreseeable consequence of a breach by us of these Terms and Conditions. We will also not be liable to you for any damages in excess of 100 US dollars or the subscription maximum, whichever is highest, the amount of any fees you have paid us for access to the Websites. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(i) we are not at fault for the errors or inaccuracies; or
(ii) the loss or damage is not foreseeable to both of us at the time of your initial acceptance of these Terms and Conditions; or
(iii) the loss or damage is a business loss or the losses were caused in the course of business, including losses relating to lost data, lost profits or business interruption. We cannot and do not accept any responsibility for the computer equipment and telephone services which you use to access the Websites, or for the security of the same. You will be responsible for the security of your own computer system and the transfer of any information from your computer system. We also cannot and do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems.  Where we are liable to you for any loss or damages, we will not be liable for any increase in loss or damage resulting from a breach by you of any term of these Terms and Conditions.
We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Any goods or services purchased or obtained or offered to you through use of the Websites, whether accessed directly or otherwise, are provided subject to the terms and conditions of the supplier of those goods or services. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods or services. We provide the Websites on an "as is" basis and make no representations or warranties of any kind as to the Websites or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Websites. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

  1. Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Websites and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.

  1. Software and Security

We are not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

  1. Changes to These Terms and Conditions

We reserve the right to make changes to any part of the Websites. Due to our policy of updating and improving the Websites, it may therefore be necessary to change these Terms and Conditions. If we do change the terms of these Terms and Conditions, we will update the date at the top of this page. If you use any of the Websites after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Websites.

  1. Advertising and Sponsorship

The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.  

  1. Competitions, Prize Draw, and Chargeable Content

We may from time to time run competitions, free prize draws which may or may not be available to website subscribers,  draws and/or other promotions in the newspaper, and on the Websites and may offer content the access to and use of which, incurs a charge. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

  1. Termination

We may terminate the provision of any of the Websites or restrict your access to them without any prior notice to you where (by way of example and without limitation):
· there is a regulatory or statutory change limiting our ability to provide a Website;
· any event beyond our reasonable control prevents us from continuing to provide a Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or force majeure
·  we consider in our reasonable discretion that you are abusing the services provided by a Website or are otherwise acting in breach of these Terms and Conditions and we have notified you of the abuse or breach.

  1. E-commerce

Your dealings with any third parties, in particular advertisers and/or merchants, via the Websites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and that you will be liable for any costs or damages that we incur, as set out in clause 10 above in relation to such dealings.

  1. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with Jamaican law and you irrevocably agree that the courts of  Jamaica shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions. We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.

  1. General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our written agreement, which will not be refused without good reason. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.

  1. Contact

If you have any queries concerning any part of these Terms and Conditions please contact us:
· by email, using the address below for the Website to which your query relates: userhelp@jamaicaobserver.com

  1. Information Management

We will use any personal data collected …in accordance with our privacy policy (web addresses to be inserted)

  1. Cookies

When you visit our Website, we may send you a cookie. A cookie is a small file that can be placed on your computer’s hard disc for record keeping purposes and we may use them to do a number of things:

Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party collects such data on our behalf to measure the performance of the Websites. Information collected is aggregated for reporting purposes. No personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of our Websites. You are not obliged to accept cookies and may modify your browser’s preferences so that it will not accept cookies. If you do so, certain services on the Websites may not be available to you.
         
Cookies are also used for user authentication for accessing our ePaper service.

 

  1. Children's Privacy

The safety of children is very important to us. Whilst we will make every reasonable effort to ensure that children's privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children's Internet usage and we will not be liable for any fees, charges or other cost incurred by the unauthorized or unlawful act of a child in relation to these websites.

  1. Security

We take every precaution to protect your personal information. When we ask you to submit financial information, such as your credit card number, we use industry standard technology for secure commerce transactions. It encrypts data, including your credit card number. Most banks or credit card providers either cover all charges resulting from unauthorized use of your credit card or limit your liability to a maximum amount. Refer to your credit card agreement to check your coverage for liability. You are also advised to check your coverage for liability for unauthorized use of other cards such as debit cards.

In addition, we have strict security protocols in place to protect our customer database, and only allow access to it when absolutely necessary, and then under strict guidelines as to what use may be made of such details.

  1. What Else you Should Know about Privacy

Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to, your own computer. Please be aware that whenever you voluntarily disclose personal information over the Internet that this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your usernames and passwords and any account information. Please be careful and responsible whenever you are using the Internet. Our Websites may contain links to other websites, and you should be aware that we are not responsible for the privacy practices on other websites or any damage sustained if you choose to navigate those other websites.

IF YOU DO NOT AGREE WITH THE TERMS CONTAINED IN THIS AGREEMENT PLEASE EXIT THE WEBSITE.

 

 
© 2014 The JamaicaObserver All rights reserved. Terms and Condition - Privacy - Service Level Agreement