ICT PULSE CONSULTING LIMITED
TERMS AND CONDITIONS
Last updated: June 1, 2016
TERMS AND CONDITION OF USE FOR PROJECT CALLS WEBSITE
IMPORTANT! PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY BEFORE USING THIS WEBSITE. BY YOUR USAGE YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN IRRESPECTIVE OF HOW THE WEBSITE IS ACCESSED.
WELCOME TO PROJECT CALLS WEBSITE
- TERMS AND CONDITIONS OF USE
This website is owned by ICT Pulse Consulting Limited (“the Company”). The Terms and Conditions herein shall apply to each and every use of Project calls website (‘the website”), irrespective of the means by which it is accessed, directly or indirectly. By accessing the website, the user agrees to be bound by The Terms and Conditions of Use and Privacy Policy of this website. If you do not wish to be bound you must exit the website immediately. Once you access this website whether directly or indirectly, it is your responsibility to read the Terms and Conditions of Use, the Privacy Policy and any related information. While The Company will endeavour to provide a reliable service we cannot guarantee uninterrupted access to the website and we make no warranty to this effect and the website is accessed as is.
- USER OBLIGATIONS AND WARRANTY
a. The Company is not responsible for preparing and/or submitting applications for or responses to project opportunities on the user’s behalf. The users of the website are responsible for preparing and submitting their applications.b. The contents of this website shall not be exploited and you may not abuse the services offered herein.c. The user agrees not to use or allow third parties or others to use the service in any way (without limitation to contents posted) which may be offensive, abusive, indecent, threatening, menacing, defamatory, in breach of any intellectual proprietary rights or any third party rights, anything which is immoral, malicious of any individual, illegal and unlawful.
d. That you will not cause any annoyance, inconvenience, anxiety, harassment to any person from our website or the internet in violation of any laws in any jurisdiction or any international laws.
e. That you will not introduce any virus or any disruptive or other harmful program or anything that will impair the service offered or any other service on the internet or generally anything in breach of this agreement.
f. By submitting or posting content/s to this website you agree to and grant The Company, its licensees, agents, and employees the right to use, reproduce, modify, display, distribute in any way any material or contents submitted, except as provided otherwise herein.
g. You warrant that all information submitted to us is your original work and you own all proprietary rights, including but not limited to any copyright you retain.
h. You must not modify, adapt or hack the service or modify another website so as to falsely imply that is associated with the services of this website.
- LIMITED USE
You acknowledge and agree that information received through the website may be displayed, reformatted and printed only to the extent permitted by applicable licenses for use by you or your company or organization as end users, and not for resale. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through the website to anyone, outside your company or organization, without the express prior written consent of the Company. Users may, on an occasional and irregular basis, include insubstantial portions of information from the Service in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available to a limited number of individuals, companies or organizations. Users must include in all such memoranda, reports and presentations any applicable copyright notices from the information used and original source attribution. Users may not post any content from the service to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of the Company. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission is prohibited. The Company reserves the right to discontinue or change the service, or its availability to you, at any time without notice.
- ELIGIBILITY
You will not use the website if you:
a. are not able to form legally binding contracts;
b. are under the age of 18;
c. a person barred from receiving and rendering services under the laws of Jamaica or other applicable jurisdiction; or
d. are suspended from using this website.Depending on the service required, users of the of the website, may be required to submit an application form from our website. The application form must be accurately completed. In setting up an account you will be required to provide us with your full name, email address and other contact information. No alias or other means to mask your true identity or contact information is permitted. We reserve the right to suspend a user’s request if the source of the funds is suspected to be fraudulent. - DISCLAIMER
TAKE NOTE THAT THE CONTENT OF ANY PROJECT OPPORTUNITY ADVERTISED AND OTHER DOCUMENTS THAT HAVE BEEN PREPARED BY OTHER SOURCES, IS ONLY MADE AVAILABLE ON THE WEBSITE AND ARE IN NO WAY OWNED, DEVELOPED OR CONTROLLED BY THE COMPANY. FURTHER THE COMPANY DOES NOT GUARANTEE THAT ANY USER WILL BE GRANTED ANY PROJECT OPPORTUNITIES. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS, HEREIN, THE COMPANY DOES NOT GIVE ANY WARRANTIES OR GUARANTEES FOR THE CONTENTS OR ANY MATERIAL POSTED ON ITS WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHETHER DIRECTLY OR INDIRECTLY INCLUDING ANY LOSS OF PROFITS OR ANY CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY THE USER FOR WHATEVER REASON. THE CONTENT OF THIS WEBSITE IS OBTAINED FROM SEVERAL SOURCES AND MAY INCLUDE; FACTS, VIEWS, OPINIONS, PREDICTIONS OR FORECASTS AND INFORMATION WHICH MAY BE OF USE TO YOU GENERALLY. THE CONTENT SHOULD THEREFORE, BE USED FOR GENERAL INFORMATION ONLY. WHILE EVERY CARE IS TAKEN, WE DO NOT GUARANTEE THE ACCURACY, TIMELY, CURRENT AND COMPLETENESS OF THE INFORMATION OR CONTENT ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ACCESSIBLE AT ALL TIMES AND THAT IT WILL BE FREE FROM ANY VIRUS OR OTHER HARMFUL OR DESTRUCTIVE SOFTWARE WHICH MAY CAUSE HARM OR DESTROY YOUR SYSTEM ON ACCESSING OR USING THE WEBSITE. DUE CARE SHOULD BE TAKEN BY ALL USERS TO ENSURE THAT THEIR SYSTEM OR MEANS OF ACCESSING OUR WEBSITE IS PROTECTED FROM ANY HARMFUL OR DESTRUCTIVE VIRUS WHICH MAY BE ENCOUNTERED WHILE ON THE WORLD WIDE WEB. THE USE OF AND ACCCESS OF THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY IS DONE AT YOUR OWN RISK. TO THE EXTENT THAT THEY MAY NOT BE LAWFULLY EXCLUDED, WE ACCEPT NO RESPONSIBILITY FOR THE CONTENT ON OUR WEBSITE OR ANY OTHER SITES ACCESSED BY HYPER-LINKS FROM OUR WEBSITE. THE CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT SHARE, ENDORSE, WARRANT, NOR ACCEPT ANY RESPONSIBILITY FOR INFORMATION PROVIDED OR DISPLAYED ON THE WEBSITE. YOU SHOULD NOT RELY ON ANY STATEMENT PUBLISHED ON THIS WEBSITE IN TAKING ANY DECISION OR ACTION WHATSOEVER, WITHOUT CONDUCTING YOUR OWN INDEPENDENT CHECKS OR TAKING EXPERT OR PROFESSIONAL ADVICE. BUYERS SHOULD THEREFORE, BEWARE AND MAKE THEIR OWN CHECKS AND INQUIRIES BEFORE CONTRACTING AND PROVIDING SENSITIVE PERSONAL INFORMATION TO THIRD PARTIES WHILE ON THE INTERNET OR THIS WEBSITE.
- INDEMNITY
THE USER HEREIN AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CO-BRANDERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSS OF REVENUE OR PROFITS, COSTS AND FEES IN ANY LEGAL PROCEEDINGS, CONSEQUENTIAL AND INCONSEQUENTIAL LOSS WHICH MAY BE SUFFERED ARISING OUT OF EACH OR ANY USE OF THIS WEBSITE, WHETHER ACCESSED DIRECTLY OR INDIRECTLY, VIOLATION OF ANY THIRD PARTY RIGHTS, PROPRIETARY RIGHTS OR ANY BREACH OF THE TERMS AND CONDITIONS HEREIN OR ANY OTHER USER POLICY AND REQUIREMENT WHICH MAY BE POSTED FROM TIME TO TIME AS AMENDED. THIS IS INCLUSIVE OF BUT NOT LIMITED TO THE USE OF ANY SERVICE OR SERVICES OFFERED BY US WHICH INCLUDE THE SENDING AND RECEIVING OF EMAIL OR FILES WHICH MAY CONTAIN HARMFUL VIRUS WHICH MAY DESTROY YOUR SYSTEM.
- CHANGES TO THE TERMS AND CONDITIONS
The Company reserves the right to make amendments from time to time to any part or all of its website, Terms and Conditions of Use, or Privacy Policy. It is the responsibility of all users to check these terms and conditions each time the website is accessed. Each and every access of this website constitutes an agreement that all users are bound by the terms and conditions as amended.
- FEES
Full access to the full content of project opportunity listings, along with other resources or services will be made available to registered subscribers and account holders of Project Calls provided that payment of all fees are made. Users shall pay the fees in accordance with the instructions set out on the website. The Company reserves the right to change its fees or services and/or to institute new charges at any time, with notice posted on its website. Use of the Service by the user following notification shall constitute acceptance of any new or increased charges. Unless otherwise stated, all fees are quoted in United States Dollars.
- REGISTRATION
You may be required to register to access some pages on our website in order to use them. You must provide complete and accurate information when prompted to do so. It will be your responsibility to update your registration data should there be any changes. When you register, it is for a single user only and your user name and password is for your exclusive use only, and must never be shared or used by anyone. All subscriptions must be done in accordance with the terms and conditions set out on the website, in addition to any laws or terms which may apply as amended from time to time.
- INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us via on our website and we will investigate. We claim no intellectual property right over the material you provide to the service.
- JURISDICTION
This agreement, including these Terms and Conditions of Use, the Privacy Policy and any other related information which are posted on the pages of the website constitute a contract made in Jamaica and is governed in all respects by the Laws of Jamaica and must be construed, applied and interpreted in accordance with those laws. Any and all dispute, controversy or differences as to the interpretation, construction or any contract or any action which may arise in tort, the choice of law shall be Jamaican law. Except that the Company retain the right to bring proceedings as to the substance of the matter in any court, including the courts of your country of residence or the country of your domicile or principal place of business. On accessing this website, you irrevocably agree that the Jamaican court shall have exclusive jurisdiction in any and all disputes arising out of or in connection with the accessing of and/or use of the website or its content in any way whatsoever.
- ARBITRATION
All disputes, whether in tort or contract or any conflicts (excluding conflicts of laws), differences which may arise out of or in connection with this agreement or its construction, operation, interpretation or termination shall be settled by arbitration. The parties shall decide the venue of such arbitration and where they are unable to do so within SEVEN (7) DAYS one shall be appointed by the Court or a Judge may do so on an application by either party. The arbitration shall be in accordance with the Arbitration Act or any laws or regulations in force in Jamaica. The number of arbitrators shall be three. Each party to the proceedings shall be permitted to appoint its own arbitrator within SEVEN (7) DAYS and both arbitrators may appoint a third arbitrator or referee. If the appointment of the third arbitrator or referee is not made by the parties or the arbitrators, so appointed by the parties; any party or arbitrator may serve written notice on the parties to the proceedings, or the arbitrators. If the appointment is not made within seven days after service of the notice, the Court or a Judge may on application by a party or an arbitrator who gave the notice, appoint a third arbitrator or referee, who shall have the like powers to act and make an award as if he had been appointed by the consent of the parties. The arbitration and any subsequent award shall take place in Jamaica. All submissions and awards in relation to the arbitration proceedings shall be made in English. The arbitrators shall resolve all dispute referred to them in accordance with the substantive laws of Jamaica.
- TERMINATION OF ACCESS
Without prejudice to its other rights The Company reserves the right at any time without prior notice or reference to you and without limitation; to terminate, suspend or restrict access from this website or its pages in the following circumstances where you are abusing the services provided, arising out of such event which prevents us from providing the service, any breach of the terms and conditions herein or there are any changes in any laws or regulations governing the website or the internet, where there has been any infringement of any proprietary rights which you have failed to comply with or are unlikely to comply with.
- SEVERABILITY
Should any provisions of this agreement be declared void or unenforceable, such provision shall be severed and construed to give legal effect to the party’s intention, and the remaining agreement shall remain in full force and effect. The headings or subheadings used herein shall have no legal effect whatsoever and are used for ease of reference.
- GENERAL
The user agrees that the liability of the Company, its affiliates, agents, and licensees, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the service or the information in the service shall not exceed the amount the user paid to the Company for the use of the service. The user may by statute or law acquired some right from which a claim or action may arise out of the use of or in connection with the terms and conditions herein. The user hereby agrees that any such action shall be filed within one (1) year from the date on which the claim or action arose or be barred forever.