Your Service Provider
Sagicor Group Jamaica Limited is the entity providing you service of the Network, a company operating at 28-48 Barbados Avenue, Kingston 5, Jamaica (referred to as “Sagicor”, “Service Provider” or the use of “we” and “us” and “our).
We maintain the right to cease providing accessibility to the Network or to discontinue the Network absolutely.
Who May Use the Service?
Any person over the age of eighteen (18) may have access to and be a User of the Network. Children under the age of eighteen (18) years old may use the Network with the permission and guidance of a parent or legal guardian.
If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Network, you are subject to the terms of this Agreement and responsible for your child’s activity on the Network.
Content on Network
The content of the Network includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments or scripts), branding (including trade names, trademarks, service marks, or logos(, interactive features, software, metrics and other materials whether provided by Sagicor or its Partners and Affiliates (collectively called “Content”). If you see any Content on this Network in which you know or reasonably suspect is being used without authorization or violates any law, you can report it to us at firstname.lastname@example.org.
We will use reasonable efforts to ensure that the Network is available at all times. However, we cannot guarantee that the Network or any individual function or feature of the Network will always be available and/or error free. In particular, the Network may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Network.
The Network includes access to text, pictures, music, videos, graphics, logos and other content made available on it that are owned either by Sagicor, its licensors, its partners or affiliates and are protected by relevant copyright and trademark laws. You may not print or otherwise make copies of any such content without our express written permission. All trademarks and other brand indicia found on the Network may not be used in connection with any product or service without our express authorization in writing. All other trademarks not owned by us that appear on this Network are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Restrictions on Use
The User may not:
modify, publish, transmit, display, participate in the transfer or sale, create derivative works, programmatically process or in any way exploit any of the data provided in the report or through the use of the portal except as expressly permitted by Sagicor pursuant to this Agreement. The User acknowledges that the User does not acquire any ownership rights in any data accessible through the Network.
make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the data on the Network in an unauthorized manner. The User may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity for the purpose of which is to obtain portions of a database, or other lists or information from the online Network, in any manner or in any unauthorized quantities.
Use the Network for any fraudulent or unlawful purpose;
Use the Network to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Network;
Interfere with or disrupt the operation of the Network or the servers or networks used to make the Network available; or violate any requirements, procedures, policies or regulations of such networks;
Transmit or otherwise make available in connection with the Network any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any
portion of, use of, or access to the Network;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Network.
Remove any copyright, trademark or other proprietary rights notice from the Network or materials originating from the Network;
Frame or mirror any part of the Network without our express prior written consent;
Create a database by systematically downloading and storing Network content;
Use any manual or automatic device in any way to gather Network content or reproduce or circumvent the navigational structure or presentation of the Network without our express prior written consent.
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to us and our licensors, partners or affiliates without expressed written consent.
Use any meta tags or any other “hidden text” utilizing our name or trademarks without our expressed written consent.
By accessing or using this service, the User agrees to be bounded by the terms and conditions described herein and by all the terms, policies and guidelines incorporated by reference. If the User disagrees with any part of the terms, then the User may not access this service.
Governing Law and Severability
These Terms and Conditions outlined herein shall constitute the entirety of the agreement between the User and Service Provider. These Terms are governed by and construed solely and exclusively in accordance with the laws of Jamaica.
If any term of this agreement is deemed to be null and void or unenforceable, that does not deem any other term of the contract null and void or unenforceable.
Any dispute or claim advanced by the User related in any way to their use of the Network or relating to these Terms shall be first referred to mediation by the User serving a letter, with a return address, to Sagicor Group Jamaica Limited’s address requesting mediation and describing the User’s dispute.
Mediation shall be conducted by the Dispute Resolution Foundation in Kingston, Jamaica. Within five (5) business days of the receipt of the abovementioned notice, the parties shall appoint a mediator to be agreed by all parties. If a mediator is not agreed upon within the aforementioned time frame, the mediator shall be appointed by the President of the Jamaica Bar Association.
In the event that no settlement is reached via mediation, then the User agrees that the Courts of Jamaica shall have jurisdiction of any further dispute arising out of the dispute or claim advance by the User.
The User waives any objection which the User may have to the Courts of Jamaica having exclusive jurisdiction and agrees not to claim that any such court is not convenient or appropriate.
No waiver of any provision of this Terms, or of a breach hereof, shall be effective unless it is in writing, signed by the Party waiving the provision or the breach hereof. No waiver of a breach of these Terms (whether express or implied) shall constitute a waiver of a subsequent breach hereof. It is further agreed that no failure or delay by Sagicor in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.
Indemnity and Warranty
The User agrees to indemnify, defend and hold harmless Sagicor, its officers, representatives, directors, employees, consultants, agents and affiliates from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to the User’s use of The Network, use or reliance of any material, information or data obtained from The Network, or the User’s violation of these Terms & Conditions, including without limitation, infringement of any intellectual property or other right of Sagicor or any other person or entity.
Sagicor makes all commercially reasonable efforts to ensure that use of all material, information and data for the Network is legal and authorized; Sagicor however disclaims all warranties with respect to the Network, including without limitation all implied warranties of merchantability, fitness for a particular purpose; Sagicor does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this Network or any material, information or data downloaded or otherwise obtained through use of this Network or (2) that use of this Network or any materials on this Network will meet any users requirement by uninterrupted, timely, secure or error-free. Sagicor shall have no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communication.