CARAWAKS - Caribbean Classifieds

CARIBBEAN

Carawaks Terms of Use.

Welcome to www.carawaks.com. Thanks for stopping in. By accessing Carawaks.com you are agreeing to the following terms. Carawaks is a business geared to providing people from the Caribbean with on-demand access to the regional Caribbean marketplace. This policy is effective May 20, 2009.

Using Carawaks - You will post in the appropriate category or area and will not do any of the following things. You will not: Violate any laws or our Prohibited Content Policy;
be false or misleading; infringe any third-party right; distribute or contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Carawaks or the interests or property of Carawaks users; impose an unreasonable load on our infrastructure or interfere with the proper working of the Carawaks site; copy, modify, or distribute any other person's content; use any robot, spider, scraper or other automated means to access Carawaks and collect content for any purpose without our expressed written permission; harvest or otherwise collect information about others, including email addresses, without their consent; bypass measures used to prevent or restrict access to Carawaks. Post false ads, or post fake ads for the purpose of scamming or willfully deceiving Carawaks users. You will not engage in any phishing or scam activity whatsoever, and acknowledge that you will be charged to the fullest extent of the law if found guilty of perpetrating such activities.

Abusing Carawaks. If you notice any terms of use violation - please use the flagging system to flag the advertisement and inform us about any problems or offensive content by using the flagging tool provided or through an e-mail to info@carawaks.com This is being requested so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Carawaks if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. Carawaks always reserves the right to remove any advertisement at Carawaks’ sole discretion. However, whether we decide to take any of these steps, remove hosted content or keep a user off Carawaks or not, we do not accept any liability for monitoring Carawaks or for unauthorized or unlawful content on Carawaks or use of Carawaks by users.

Global Marketplace. Some of Carawaks' features allow the display of your ad on other sites which may be located in other countries. By using Carawaks, you agree that your ads can be displayed on other sites.

Fees and Services. Using Carawaks is usually free. We reserve the right to charge fees for certain services. If the service you use charges a fee, you’ll be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and we may change them from time to time depending on the global market economy. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective upon the announcement of the promotional event or service. Our fees are non-refundable. You are responsible for paying them when they are due. If you don't, we may limit your ability to use the service. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).

Content. Carawaks contains information from us, yourself, as well as other users. You agree not to copy, modify, or distribute Carawaks’ information, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.

Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. Or that breaks any copyright laws. By using Carawaks you are solely responsible for what you post and we will not take any liability for the information, goods or services and media posted in your advertisements. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to Carawaks that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings. e-mail us at info@carawaks.com to report such incidents.

Liability. You agree not to hold us responsible for things other users post or do. As most of the things on Carawaks comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Carawaks – including but not limited to personal libel - even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. We will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by you with respect to: (a) this Agreement or the Services; (b) incorrect or inaccurate information, whether caused by Information Providers, website users or by any of the equipment or programming associated with or utilized in connection with any Account or the Services or by any technical or human error which may occur in the administration of any Account or the Services; or (c) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, browsers, on account of any technical problems or traffic congestion on the internet, or any combination of the foregoing. In no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage caused by any delay or inability to access or use the Services.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) US$50 Dollars.

Personal Information. By using Carawaks, you agree to the collection, transfer, storage and use of your personal information by Carawaks on servers located in the United States, Canada and the Caribbean.

General. These terms and the other policies posted on Carawaks constitute the entire agreement between Carawaks and you, superseding any prior agreements. This agreement is governed by the laws of Canada. We both submit to the non-exclusive jurisdiction of the courts of Canada. This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by e-mail to: admin@carawaks.com This Agreement will be exclusively governed by the laws of the Province of Ontario. You and we agree that the courts of the Province of Ontario shall have jurisdiction over each of us for the determination of any matters arising out of this Agreement.

We will send notices to you via the email address you provide. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Carawaks Customer Support at info@carawaks.com