The USER (Any individual person with the ability to log into the Xhuma platform) or CLIENT (Any organisation Private Sector Organisation, State Sector Organisation, Non-Governmental Organisation (NGO), etc. with the ability to log into the Xhuma platform) hereinafter referred to as “CUSTOMER” which term shall wherever the context so requires shall mean and include its subsidiaries, contractors, agents, registered members and successors.
INFOCOMM TECHNOLOGIES LTD, a company duly incorporated under the laws of the Republic of Trinidad and Tobago, and having its operating office situated at #10 Eighth Street, Barataria, in the island of Trinidad (hereinafter referred to as “PROVIDER”, which term shall, wherever the context so requires, mean and include its contractors, agents, successors at office and permitted assigns).
ABOUT THE SERVICE
The SERVICE allows improved operational efficiency by facilitating electronic and online management of registered membership. Further, the Service allows interaction between system users and incorporates web 2.0 technologies to facilitate real-time sharing of information, opportunities, events and payment data.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
Potential users need to be at least 18 years old to register for and use the SERVICE.
Users of the Service receive a personalized account which includes a unique username and a password to access the SERVICE. The CUSTOMER agrees to notify the PROVIDER immediately of any unauthorized use of passwords and/or accounts. The PROVIDER will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of usernames, passwords and/or accounts.
CUSTOMER’s use of the Site is conditioned upon the following Use and Conduct Restrictions: CUSTOMER agrees not to, under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the SERVICE for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that which may impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer
Only bonafide members of the CUSTOMER are authorised to create accounts on the SERVICE. Non-members are strictly prohibited. The accommodation arrangements for non-member use of the system are subject to a separate contract. Any abuse of the system in this regard, may result in immediate termination of access to the SERVICE.
POSTING AND CONDUCT RESTRICTIONS
The CUSTOMER is solely responsible for the User Content that the CUSTOMER posts, uploads, links to or otherwise makes available via the SERVICE. The CUSTOMER agrees that the PROVIDER is only acting as a passive conduit for online distribution and publication of 0CUSTOMER User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the SERVICE, CUSTOMER agrees as follows:
the CUSTOMER is solely responsible for user accounts and the activity that occurs while signed in to or while using accounts;
the CUSTOMER will not post information which it knows to be false or inaccurate or that is malicious;
the CUSTOMER will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless CUSTOMER is the owner of such rights or has the appropriate permission from their rightful owner to specifically submit such content; and
the CUSTOMER hereby affirms the PROVIDER has the right to determine whether any User Content submissions are appropriate and comply with these Terms of Service, to remove any and/or all of CUSTOMER submissions, and up to the limit of terminate the CUSTOMER account with or without prior notice.
• the CUSTOMER understands and agrees that any liability, loss or damage that occurs as a result of the use of any User Content that the CUSTOMER makes available for access through use of the SERVICE is solely the CUSTOMER’s responsibility. The PROVIDER is not responsible for any public display or misuse of CUSTOMER’s User Content. The PROVIDER does not, and cannot, pre-screen or monitor all User Content. However, at the PROVIDER’s discretion, the PROVIDER, or technology the PROVIDER employs, may monitor and/or record the CUSTOMER’s interactions with the SERVICE.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the SERVICE, but not directly by the PROVIDER, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The PROVIDER does not guarantee the accuracy, completeness, or usefulness of any information on the SERVICE and neither does the PROVIDER adopt nor endorse, nor is the PROVIDER responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the PROVIDER. The PROVIDER takes no responsibility and assumes no liability for any User Content that the CUSTOMER or any other user or third party posts or sends over the SERVICE. Under no circumstances will the PROVIDER be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the SERVICE, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the SERVICE, the Company may provide the CUSTOMER with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to SERVICE subscribers. The PROVIDER has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the PROVIDER is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the PROVIDER.
CUSTOMER acknowledges and agrees that the PROVIDER and its licensors retain ownership of all intellectual property rights of any kind related to the SERVICE, including applicable copyrights, trademarks, code and other proprietary rights. Other product and company names that are mentioned on the SERVICE may be trademarks of their respective owners. PROVIDER reserves all rights that are not expressly granted to CUSTOMER under this Agreement.
ON-PLATFORM MAIL/MESSENGING SERVICE MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the SERVICE’s e-mail and messaging system, will not constitute legal notice to the PROVIDER or any of its officers, employees, agents or representatives in any situation where notice to the PROVIDER is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
By posting any User Content via the SERVICE, the CUSTOMER expressly grants, represents and warrants that the CUSTOMER has a right to grant, to the PROVIDER a royalty-free, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content.
Notwithstanding the above, the PROVIDER does not sell, trade or otherwise transfer to outside parties the CUSTOMER’s personally identifiable information. This does not include trusted third parties who assist the PROVIDER in operating the SERVICE, conducting PROVIDER business or servicing the CUSTOMER, so long as these parties agree to keep such information confidential. PROVIDER may also release your information when in its opinion release is appropriate to comply with the law, enforce site policies, or protect PROVIDER rights property or safety, or that of others.
Non-personally identifiable information, or modified information may be provided to third parties for marketing, promotional or other uses.
The SERVICE, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether expressed, implied or statutory, regarding the SERVICE including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the SERVICE will be uninterrupted or error free. Customer assumes full responsibility and risk of loss resulting from CUSTOMER’s downloading and/or use of files, information, content or other material obtained from the SERVICE.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the PROVIDER, its affiliates, directors, or employees, or its licensors or partners, be liable to the CUSTOMER for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of CUSTOMER’s user content; (b) CUSTOMER’s use or inability to use the SERVICE; (c) the SERVICE generally or the software or systems that make the SERVICE available; or (d) any other interactions with the PROVIDER or any other user of the SERVICE, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the PROVIDER has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If the CUSTOMER has a dispute with one or more users, a vendor or a merchant of a product or SERVICE that the CUSTOMER reviews using the Service, the CUSTOMER releases the PROVIDER (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the PROVIDER to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
The CUSTOMER agrees that any cause of action related to or arising out of the CUSTOMER’s relationship with the PROVIDER must commence within six months after the cause of action accrues. Otherwise, such cause of action is permanently barred.