TERMS AND CONDITIONS
1 About our terms
1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between (we, us or our) and you, the person accessing or using the Site (you or your).
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
1.3 These Terms apply to any parts of the Site, its functionality and information provided to you.
2 About us
2.1 We are IP Harvester Limited, a company registered in Trinidad and Tobago under the Companies Act Chap 81:01.
2.2 You can contact us by:
- email- [email protected], Monday to Friday: 8am to 4pm; or
- telephone (868) 355-7387, Monday to Friday: 8am to 4pm.
Our registered office is at: Griffin Court, 34 Edward Street, Port of Spain.
3 Using the site
3.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.2 As a condition of your use of the Site, you agree not to:
3.2.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.2.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
3.3 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4 Registration and password security
4.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.
4.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
4.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
4.5 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.
5 Infringing content
5.1 We will use reasonable efforts to:
5.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
5.1.2 identify and remove any content that is inappropriate, defamatory or infringes intellectual property rights
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
5.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
6 Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
7 Ownership, use and intellectual property rights
7.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
7.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
7.4 Trademarks: Our trademarks and third-party trademarks are used on the site or in the Content. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
8 Submitting information to the site
8.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
8.3 By submitting information to this site, you hereby represent and warrant that:
8.3.1 Nothing you upload will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; and
8.3.2 To the fullest extent permitted by applicable law, you will indemnify, defend and hold IP Harvester Limited, its officers, employees, owners, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of representations, warranties or obligations as aforementioned or set forth on this website.
9 Accuracy of information and availability of the site
9.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
9.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
9.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
9.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
10 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
11 Limitation on our liability
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
11.1.1 losses that were not foreseeable to you and us when these Terms were formed;
11.1.2 losses that were not caused by any breach on our part;
11.1.3 business losses; and
11.1.4 losses to non-consumers.
12 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control [including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion, pandemic or accident].
13 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
14 Variation
14.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 14.
14.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
15 Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
15.2 The laws of Trinidad and Tobago will apply to these Terms. If you want to take court proceedings, the relevant courts of Trinidad and Tobago will have exclusive jurisdiction in relation to these Terms.
16. User Accounts & Access to Password Protected/Secure Areas
IP Harvester provides user accounts for its partners and agents. Access to and use of password protected and/or secure areas of the website is restricted to authorised users only.
17. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.