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Letter from Yaad Magazine - Terms and conditions

Terms and Conditions

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.

 

1. AGREEMENT

This site is owned by Jamaica Observer Limited and is operated by Jamaica Observer Limited (JOL) on the World Wide Web at www.jamaicaobserver.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 using this website you agree to be bound by The Terms and Conditions of Use, and Legal and Privacy Policy of this website. If you do not wish to be bound you must exit the website immediately. The Terms and Conditions of Use may be changed at anytime so you should read them whenever you visit.

2. 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 JOL 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.

 

3. USE OF OUR CONTENT

All content published on our website is strictly for personal, non-commercial use only.

You may retrieve and display content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any of our content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from JOL:-

A)     Reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the content; or

B)      modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the content (including as part of any library, archive or similar service) without the prior written consent of JOL; or remove the copyright or trade mark notice from any copies of our content made under these Terms.

Any use of the content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to ipu@jamaicaobserver.com

 

4. INTELLECTUAL PROPERTY

(i) Copyright

This service is protected by Jamaican and international copyright laws.  The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with your subscription to the Site and/or a Digital Application (such content, design and materials to include, but are not limited to text, sound, photographs and graphics in any form), 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 on this site or provided to you via subscription, 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.

 

(ii) Trademarks

The Jamaica Observer trademarks and logos are registered trademarks owned by Jamaica Observer Limited. We retain all proprietary rights in them.  You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as any name, logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Jamaica Observer Limited. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Advertisers or links on our website or any digital application 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.

 

5. REGISTRATION, PASSWORDS AND RESPONSIBILITIES

You are responsible for keeping your information and passwords up to date and confidential.

Certain areas or features of the Site and/or Digital Applications may only be open to subscribers. You are solely responsible for the confidentiality and use of and access to our content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify JOL if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any our content. You will provide JOL with accurate, complete registration information and inform us of any changes to such information. For the purpose of confirming your compliance with these Terms, The Economist reserves the right to monitor and record activity on the Site and Digital Applications, including access to our content.

Each registration and subscription is for the personal use of the subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. JOL does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.

 

6. SUBSCRIPTION AND CANCELLATION

(i) Subscriptions

JOL offers a subscription service to YAAD magazine.  All subscriptions renew automatically, unless cancelled.  If you do not cancel your subscription prior to the end of the initial subscription period, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time.

JOL will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

You may cancel your Subscription at any time as set out below.

(ii) Cancellation

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that by placing your order you agree that we may start your Digital Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.

If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount for each issue published before you cancelled.

In this section references to "published" includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers.

If applicable, any reimbursement will be settled as described in the "Fees and Payments" section below.

 

How to cancel

You may notify us of your wish to cancel your subscription by logging into your account and clicking on the tab or link provided for cancelling subscriptions.

 

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

When you purchase a Subscription, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your use of the Site or any Subscription is terminated, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by Jamaica Observer Limited). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

 

8. Privacy Policy and Cookie Policy

JOL respects your privacy.

The information that you provide about yourself to JOL, including your financial and credit card information, will be used in accordance with our Privacy Policy.

By visiting our website with cookies enabled, and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Cookie Policy. For more information on how we use cookies and to manage your preferences see Cookie Policy.

 

9. DISCLAIMER

We receive material from third parties such as advertisements, comments, links to other websites and content published on other websites. The material posted on this website is exclusively for educational and informational purposes only. We do not purport to give medical, legal, financial or other professional advice to any user of the website. You agree not to rely on the content published on the website without first consulting experts in particular fields for professional advice. Consequently we are not liable for any costs incurred, loss, damage, injury or death suffered by any person as a result of use of the website, third party transactions or websites or breach of any of these terms.

By agreeing to these terms and conditions you agree not to initiate, pursue or assist in the commencement or furtherance of any cause of action in contract or tort against us for any costs incurred, loss, damage, injury or death suffered by any person who neglects to observe these terms. Nothing in these terms shall affect our liability as imposed by law. (i.e. the law applicable to Jamaica)

We give no warranties or guarantees in relation to the website or its contents.  Efforts are made to protect against viruses, bugs Trojans, spyware, adware and other forms of malware however, we do not guarantee that the website will be free from viruses, and other forms of malware.

 

10. FORCE MAJEURE

We endeavour 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.  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 over which we have no control.

 

11. WAIVER

Failure of Jamaica Observer Limited to pursue or enforce its rights does not constitute a waiver of those rights.

12. APPLICABLE LAW

The laws of Jamaica shall apply to, and the courts of Jamaica shall have exclusive jurisdiction in all matters arising from the use of this website.

13. ILLEGALITY

If any of the term contained in this Agreement is deemed to be void, illegal or unenforceable in Jamaica, such void, illegal or unenforceable term shall be deemed to be severed from this Agreement and the terms remaining shall be binding and enforceable.

 

 

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

 

 

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