Saturday, Nov 18, 2017
HomeTerms and Conditions

Terms and Conditions of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website (and thereby agreeing to these terms and conditions) you consent to our use of cookies in accordance with the terms of the following privacy statement and confidentiality policy.

Privacy Statement

We are committed to protecting your privacy. Only authorized employees within the Company or independent contractors engaged by the Company as part of the website’s operational platform use any information collected from individual customers, and on a “need to know” basis only. We constantly review our systems and data to ensure the best possible service to our customers.

Confidentiality

Your records are regarded as confidential and therefore will not be divulged to any third party, save for the aforementioned independent contractors, and if legally required to do so to the appropriate authorities. You have the right to request sight of, and copies of any and all your records we keep, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue you with appropriate written information of records as part of an agreed contract for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed services and products.

License to use website

Unless otherwise stated, The Nassau Guardian (1844) Limited (“the Company”) and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for any content specifically and expressly made available for redistribution.

Disclaimer

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the Company’s express written consent.  

Enforcement of copyright

The Company takes the protection of its copyright very seriously.

If the Company discovers that you have used its copyright materials in contravention of the license above, the Company may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of the Company’s copyright materials that contravenes or may contravene the license above, please report this by email to info@nasguard.com.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to info@nasguard.com.

Restricted access

The Company reserves the right to restrict access to areas of this website, or indeed this entire website, at the Company’s discretion.

If the Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Company reserves the right to edit or remove any material submitted to this website, or stored on the Company’s servers, or hosted or published upon this website.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and the Company should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to such other site. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that this website will be constantly available, or available at all.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

You agree, that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services.

Without prejudice to the generality of the foregoing, the Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the Company has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

Indemnity

You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

Variation

The Company may revise these terms and conditions from time to time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Commonwealth of The Bahamas.

Tax information

The Company’s Value Added Tax (“VAT”) number is 100089826.

The Company’s details

The full name of the Company is The Nassau Guardian (1844) Limited.  

The Company is registered in the Commonwealth of The Bahamas under registration number 1227C.

The Company’s registered office is located at Lex Management, St. Andrew’s Court, Frederick Street Steps, Nassau, The Bahamas.  

You can contact the Company by email or telephone using the contact details listed on the “Contact Us” page of this website.