Accessing this website (“Site”) constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site.
The Site is operated by Upotive Ltd., We are a company incorporated in Trinidad and Tobago.
We reserve the right to revise these Terms of service at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access cancelled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
PRIVACY
We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the Site.
COPYRIGHT
The Copyright Act of Trinidad and Tobago and its subsidiary legislation (collectively the “Copyright Legislation”) limit the liabilities of network service providers Freelance Trini, in respect of various services provided under the circumstances prescribed in the Copyright Legislation.
As such, Freelance Trini will not be liable inter alia in monetary damages for any copyright infringements under the circumstances stipulated in the Copyright Act, so long as Freelance Trini has complied with the relevant conditions imposed by the Copyright Legislation.
In line with the above, if you discover any infringement of your material, you may send a duly completed take-down notice to Freelance Trini’s Designated Person (at the contact address listed below) in accordance with the Copyright Act. Upon receipt of a valid take-down notice, Freelance Trini will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act.
All Take-down Notices and Counter-Notices must be sent to:info@freelancejobstt.com
Attn: Compliance TeamEmail: info@freelancejobstt.com
Please provide us the following information to assist us in reviewing your claim:
For Take-Down Notice (Claimant):(a) name, address, telephone number, facsimile number (if any) and email address of the Claimant, as well as the address for service in Trinidad and Tobago if the Claimant is not resident in Trinidad and Tobago;(b) sufficient particulars like URL or item code to enable Freelance Trini to identify the alleged infringing material and its online location;© a statement that the Claimant requires Freelance Trini to remove or disable access to the material;(d) a statement that the Claimant, in good faith, believes that the material is an infringing copy;(e) a statement that the information in the Take-Down Notice is accurate;(f) a statement that the Claimant is the copyright owner or exclusive licensee or that the Claimant is authorised to act on behalf of such owner or exclusive licensee; and(g) a statement that the Claimant agrees to submit to the jurisdiction of the courts in Trinidad and Tobago.
For Counter-Notice (Respondent):(a) name, address, telephone number, facsimile number (if any) and email address of the Respondent, as well as the address for service in Trinidad and Tobago if the Respondent is not resident in Trinidad and Tobago;(b) sufficient particulars to enable Freelance Trini to identify the material that has been removed or to which access has been disabled, and its online location prior to such removal or disablement of access;© a statement that the Respondent, in good faith, believes that the material was removed, or access to it was disabled, as a result of mistake or misidentification, or that such material does not infringe the copyright in any material;(d) a statement that the information in the Counter-Notice is accurate; and(e) a statement that the Respondent agrees to submit to the jurisdiction of the courts in Trinidad and Tobago.
Please note that under the Copyright Act, in the event that in any Take-Down Notice or Counter-Notice, a person makes a statement which is false, which he/she knows is false, or which he/she does not believe to be true, and which touches on any material point in such Notice, then he/she may:(a) be guilty of an offence and if convicted, can be fined up to S$10,000 or imprisoned for up to 2 years; and(b) be liable in damages to any person who suffers any loss or damage as a result of such Notice.
Kindly note that, for any infringement notice to be duly examined, we require strict compliance with the above mentioned rules and format, and failure to obey any of the requirements of this policy in a timely manner may result in the refusal of your application and/or processing delays.
We are committed to protecting the intellectual property rights of third parties and our company policy includes strict and deterrent measures as part of our Intellectual Property Rights Policy, including but not limited to, the removal of the item pages or the termination of the accounts of Users who may infringe or repeatedly infringe or violate the intellectual property rights of Freelance Trini and/or others.
INTELLECTUAL PROPERTY INFRINGEMENT
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via freelance@trinibiz.com on our Website and we will investigate. In order for us to investigate your claim of infringement, you must provide us with the following information:
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By e-mail:info@freelancejobstt.com
TRADEMARKS
Freelance Trini and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Freelance Trini in Trinidad and Tobago and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
EXPORT
The Trinidad and Tobago export control laws regulate the export and re-export of technology originating in the Republic of Trinidad and Tobago. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
LINKS
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the Trinidad and Tobago. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state’s liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.
We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
YOUR USER CONTENT POSTED ON THE SITE
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
YOUR CONSENT TO NOTICES
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
APPLICABLE LAW
If you access the Site from anywhere globally, you agree that the laws of the Republic of Trinidad and Tobago, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and FreelanceJobsTT.
DISPUTES
If you access the Site from within the Republic of Trinidad and Tobago, any dispute relating in any way to your visit to the Site, to these Terms, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Trinidad and Tobago, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the Republic of Trinidad and Tobago and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the Trinidad and Tobago Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
SMS
When you join and provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to your phone number.
You agree to notify us of any changes to your mobile number and update your account(s) with us to reflect this change. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.
Data obtained from you may include your mobile phone number, your carrier’s name, you opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services.
Disclaimers of Warranty and Limitations of Liability
To all international customers only, we warrant to you that, where you buy a service as a consumer, any services purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the service you purchased and any losses which are a foreseeable consequence of us breaking the Terms. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; © loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Other than the warranties and other assurances we give you in these Terms, we specifically disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty (unless made fraudulently).
Applicable Law
If you access the Site from anywhere other than the Republic of Trinidad and Tobago, you agree that English law will govern these Terms and the purchase of service by you through the Site, and that any dispute of any sort that might arise between you and Freelance Trini or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of Republic of Trinidad and Tobago.
These Terms were last revised and updated on 4th January 2021
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