-    LEGAL INFORMATION

The Internet Website www.caribdeal.com, hereafter referred to as “CaribDeal.com”, offers a posting and viewing service for Internet advertisements intended for individuals and businesses.

Access to, viewing, and use of the site are contingent upon the unconditional acceptance of the following Terms of Service of CaribDeal.com.

The site is managed by CaribDeal Ltd., listed in the Nevis register of commerce and business under number 38 in 2015. The head office is located at Oualie Realty Building, Oualie Bay, Nevis.

The Director of Publication for CaribDeal.com is Pierre Borg.

For all questions regarding the business, you may send an email to info@caribdeal.com.

CaribDeal is hosted by DNC Holding, Inc. in Louisiana, United States.
CaribDeal Website software is provided by Open Classifieds LTD in Barcelona, Spain.


TERMS OF SERVICE OF CARIBDEAL SERVICES


-    PREAMBULE : DEFINITION

Each of the terms mentioned below in the Terms of Service (hereafter referred to as TOS) of CARIBDEAL Services will have the following meaning:

Advertisement: is the collection of data (visual, textual, audio, photography, design) posted by an Advertiser under his editorial rights, for the purpose of buying, renting, or selling goods, offering or searching for a service or offer of employment, or searching for a social partner that is posted on the Website.

Advertiser: is any physical person of legal age who is established in the Caribbean (including Antigua, Barbuda, Barbados, Cuba, Dominica, Dominican Republic, Saint Barthelemy, Saint Martin, Grenada, Haiti, Jamaica, Aruba, Curacao, Saint Martin, Saint Kitts, Nevis, Saint Lucia, Saint Vincent and Grenadines, Trinidad and Tobago, Anguilla, British Virgin Islands, Cayman Islands, Montserrat, Puerto Rico, The Bahamas, Turks and Caicos Islands, Saint John, Saint Thomas, Saint Croix, Tortola, Virgin Gorda, Anegada, Jost Van Dyke), registered with either a Standard, Starter or Premium account, and who has put an Advertisement online via CARIBDEAL Services. The term “Advertiser” regroups in the TOS the two types of Advertisers placing ads via CARIBDEAL Services, namely:

●    The “Standard” Advertiser: includes all persons of legal age who are established in the Caribbean and have posted an Advertisement on the Website. All Standard Advertisers must be in possession of a Standard Account in order to post and manage their advertisement(s).
●    The “Starter” Advertiser: includes all persons of legal age who are established in the Caribbean and have posted an Advertisement on the Website. All Starter Advertisers must be in possession of a Starter Account in order to post and manage their advertisement(s).
●    The “Premium” Advertiser: includes all persons of legal age who are established in the Caribbean and have posted an Advertisement on the Website. All Premium Advertisers must be in possession of a Premium Account in order to post and manage their advertisement(s).

Standard Account: indicates the free space, accessible via the Website that all Standard Advertisers should create by themselves, and through which they can display, manage and view ads and subscribe to paying option(s).

Starter Account: indicates the space, accessible via the Website that all Starter Advertisers should create for themselves, and through which they can display, manage, and view ads and subscribe to paying option(s).

Premium Account: indicates the space, accessible via the Website that all Premium Advertisers should create for themselves, and through which they can display, manage, and view ads and subscribe to paying option(s).

CaribDeal Ltd.: indicates the entity that edits and operates the Website: CaribDeal.com, listed in the register of commerce and businesses of Nevis under number 38 of 2015. Headquarter: Oualie Realty Building, Oualie Beach, Nevis.

CARIBDEAL Services: indicates the CARIBDEAL Services made available on the Website to Users and Advertisers as described in article 3.1 of the TOS.

Website: indicates the Website operated by CaribDeal Ltd. accessible primarily via the URL www.caribdeal.com that allows Users and Advertisers to access CARIBDEAL Services via the Website as described in article 3.1 of the TOS.

User: indicates any visitor, with access to CARIBDEAL Services via the Website and who consults CARIBDEAL Services, accessible from various devices.



-    ARTICLE 1 : PURPOSE

The aim of the TOS is to determine the conditions of use of CARIBDEAL Services that are made available to Users and Advertisers via the Website.

The subscription conditions for Advertisers to paying options are fixed in the general conditions of sales (hereafter referred to as GCOS) reserved:

•    for Standard Advertisers
•    for Starter Advertisers
•    for Premium Advertisers


-    ARTICLE 2 : ACCEPTANCE

All Users and Advertisers declare by accessing and using CARIBDEAL Services via the Website, that they are aware of the present TOS and accept them unreservedly and with no modifications whatsoever. The present TOS are therefore fully applicable to Users and Advertisers.


-    ARTICLE 3 : USE OF CARIBDEAL SERVICES

3.1 General Rules

All Users and Advertisers agree that they have been informed that in order to access CARIBDEAL Services they will need access to an endorsed Internet provider of their choice, which they are responsible for paying for, and recognize that:

●    The reliability of transmissions cannot be guaranteed due to, the variety of differences in infrastructure and networks on which they flow, especially breakdown and overloading that could occur.
●    It is up to the Advertiser to take the necessary measures they believe are appropriate to ensure the security of their equipment and personal information, software, etc., particularly against contamination from viruses and/or hacking attempts of which they could become the victim.
●    All equipment connected to the Website is and remains the responsibility of the Advertiser, CaribDeal Ltd. Responsibility cannot be engaged for any direct or indirect damages that may occur as a result of his connection to the Website.

The Advertiser agrees, if applicable, to respect and maintain the confidentiality of the identifying credentials for his Standard, Starter and Premium account, and recognizes fully that any connection to his Standard, Starter or Premium account, as well as all transmissions of information from his Standard, Starter or Premium account will be presumed to have been performed by the Advertiser.

Any loss, misappropriation, or use of the identifying credentials and their potential consequences are the sole and entire responsibility of the Advertiser.

The Advertiser is informed that by publishing Advertisements on the Website, these Advertisements can be shared by Users and Advertisers onto Social Medias such as Facebook, Twitter, Instagram, Pinterest, Google+, VK and OK via the share button located in the Advertisement webpage.

All Advertisers are informed that CaribDeal Ltd. may manage/edit any categories dedicated to Advertisements. All Advertisers accept that CaribDeal Ltd. may display their Advertisements on any of his services as long as they are valid or until their deletion.

By accepting the TOS during the creation of a Standard, Starter or Premium account, all Advertisers agree to be added to CARIBDEAL Services newsletter with the option to unsubscribe at any time from the email they are receiving.

3.2 Description of the Service

CaribDeal Services offered to Users and Advertisers varies depending of the qualification of “User”, “Standard Advertiser”, “Starter Advertiser” and “Premium Advertiser”.

1)    Functionalities available to Users on the Website

o    Viewing all posted advertisements

2)    Functionalities available to Standard Advertisers

o    Viewing all posted advertisements (with the exception of those in the Dating category)
o    Contact with advertisers via messaging
o    Advertisement posting limited to one
o    Addition of four photos per Advertisement
o    Deletion of Advertisement
o    Mark as sold Advertisement
o    Modification of Advertisement
o    Saving favorite Advertisement
o    Managing (updating, modifying, etc.), at any time, the personal information provided upon the creation of a Standard Account (required information: name, email address and password)
o    Subscribing to Paying Option(s) via debit/credit card and/or PayPal
o    Monitoring Paying Option(s)

3)    Functionalities available to Starter Advertisers

o    Contact with advertisers via messaging
o    Advertisement posting limited to ten
o    Addition of four photos per Advertisement
o    Deletion of Advertisement
o    Mark as sold Advertisement
o    Modification of Advertisement
o    Saving favorite Advertisement
o    Managing (updating, modifying, etc.), at any time, the personal information provided upon the creation of a Starter Account (required information: name, email address and password)
o    Subscribing to Paying Option(s) via debit/credit card and/or PayPal
o    Monitoring Paying Option(s)

4)    Functionalities available to Premium Advertisers

o    Viewing all posted advertisements
o    Contact with advertisers via messaging
o    Unlimited posting of Advertisement
o    Addition of ten photos per Advertisement
o    Deletion of Advertisement
o    Mark as sold Advertisement
o    Modification of Advertisement
o    Saving favorite Advertisement
o    Monitoring Advertisement traffic/views
o    Addition of a website link
o    Addition of a phone number
o    Managing (updating, modifying, etc.), at any time, the personal information provided upon the creation of a Premium Account (required information: name, email address and password)
o    Subscribing to Paying Option(s) via debit/credit card and/or PayPal
o    Monitoring Paying Option(s)


-    ARTICLE 4 : MANAGEMENT OF ADVERTISEMENTS

4.1 Deletion of illicit Advertisements

CaribDeal Ltd. reserves the right to remove, without warning either indemnity, or right to reimbursement, any Advertisement that does not conform to the rules of posting for CaribDeal Services and/or that would violate the rights of a third party.

4.2 Notification of abuse

Any User is permitted to indicate if content is abusive through the Website:

●    By clicking on the “Report this ad” link located on each Advertisement page

4.3 Advertisements validation

Each Advertisement is submitted to CARIBDEAL Services validation before being diffused on the Website. CARIBDEAL Services reserve the rights to validate or not validate Advertisements.


-    ARTICLE 5 : RESPONSIBILITY AND GUARANTEE

5.1 Commitments of the Advertiser

The Advertiser guarantees that he holds the rights (most importantly intellectual property rights) or has obtained all necessary authorization for the publication of his Advertisement.

The Advertiser guarantees that the Advertisement does not go against any current regulation (especially those related to publicity, competition, sales promotions, use of personal information, and the prohibition of the commercialization of certain goods and services), either the rights of any third party (most importantly intellectual property rights and personality rights), and that it does not contain any pornographic images or defamatory and damaging messages.

The Advertiser is committed to ensuring that the Advertisement does not contain:

●    Any information that is false or misleading to Users
●    Any information that is libelous or that might harm the interests and/or the image of CaribDeal Ltd. and other third parties
●    Any content violating the intellectual property rights of a third party
●    Any content of a promotional nature related to the Advertiser’s business. Indeed an Advertisement is intended to promote a product and is not an advertising support.
●    Any content related to weapons and narcotic drugs

The Advertiser agrees to only offer in his Advertisement goods that are available.
The Advertiser agrees that in the event that a good is not available, he will remove the Advertisement from CARIBDEAL Services as soon as possible.

The Advertiser is aware of the extent of the diffusion of the Website, has taken every precaution to respect current legislation in the areas of reception, and releases CaribDeal Ltd. from all responsibility in this regard.
In doing so, the Advertiser declares and recognizes that he alone is responsible for the content of the Advertisements he publishes and makes available to Users, in addition to any document or information he provides to Users.
The Advertiser assumes full editorial responsibility for the content of the Advertisements he publish.

As a result, the Advertiser releases CaribDeal Ltd. from all responsibilities, against any judicial appeal or action in relation with the Advertisement who could be attempted against him by any third party, and will take responsibility for all of the damages and costs that he could be sentence or who may have been lodged against him as a result of a transactional agreement with a third party, notwithstanding any damages that CaribDeal Ltd. may claim as a result of the offenses of the Advertiser.

By posting any Advertisement, each Advertiser recognizes and accepts that CARIBDEAL Services may delete, or refuse, at any time, without indemnity or right to reimbursement of what the Advertiser has paid for posting or for subscribing to Paying Options, an Advertisement that would be against the law of St. Kitts and Nevis, against the rules of CARIBDEAL Services fixed by CaribDeal Ltd. and/or that may violate the rights of a third party.

Every Advertisement is posted the day following its submission on the Website and for a maximum duration of 30 days. After this initial duration of 30 days, CARIBDEAL Services offers the option from the Website to renew the Advertisement for another month.
 
The Advertiser is aware that his Standard, Starter or Premium account must not contain:

●    Any information that is false or misleading
●    Any information that violates the rights of a third party

As such, the account holder declares and recognizes that he is the only one responsible for the information provided during the creation of a Standard, Starter or Premium account.

By creating a Standard, Starter or Premium account, each account holder recognizes and accepts that CARIBDEAL Services may delete, at any time, without indemnity or right to reimbursement of the amount the Advertiser has spent on subscriptions to Paying Options, any account that is in violation of the law of St. Kitts and Nevis and/or the rules set by CaribDeal Ltd.

5.2 Responsibility and Obligations of CaribDeal Ltd.

CaribDeal Ltd. cannot in any case be held responsible for the content of Advertisements published by Advertisers and gives no guarantee, deliberate or implicit, to this regard.

CaribDeal Ltd. is a third party to the correspondences and relationships between Advertisers and Users and excludes itself from all responsibility in this regard.

5.3 Limitation of responsibility

CaribDeal Ltd. commits to putting in place the means necessary to insuring CARIBDEAL Services for Users and Advertisers to the best of their ability.

At the same time, CaribDeal Ltd. declines any responsibility in the event of:

●    Interruptions, breakdowns, modifications and dysfunction of CARIBDEAL Services whatever the type of communication support and whatever the origin and provenance
●    The loss of data or information stored by CaribDeal Ltd. It is incumbent upon the Advertisers to take all necessary precautions to keep a record of the Advertisements they publish via CARIBDEAL Services
●    Inability to access the Website due to technical problems regardless of their origin or provenance
●    Direct or indirect damages to the User or Advertiser, whatever their nature, resulting from the content of Advertisements and/or the access to, managing, use, exploitation, malfunctioning and/or interruption of CARIBDEAL Services
●    Abnormal use or an illicit exploitation of CARIBDEAL Services by any User or Advertiser
●    Cyber-attack or pirating, revocation, deletion or banning, temporary or definitive, and for whatever the cause may be, of access to the Internet network.

CaribDeal Ltd. can only be held responsible for direct damages experienced by the Advertiser, resulting from a breach in their contractual obligations that are described herein. The User/Advertiser therefore agrees not to demand reparations from CaribDeal Ltd. for any reason, be it indirect damages such as lost earnings, loss of opportunity, commercial or financial prejudice, increase in general fees or losses originating from or as the consequence of the execution of these terms.

All Users and Advertisers are therefore solely responsible for damages caused to third parties and the consequences of complaints or actions that may occur. The User also agrees not to carry out any recourse against CaribDeal Ltd. in the case of prosecution against them by a third party as a result of their use or illicit exploitation of CARIBDEAL Services, in the case of loss by a User or Advertiser of their password, or in the case of identity theft.

Users and Advertisers are solely responsible for the transactions performed as well as their consequences.


-    ARTICLE 6 : INTELLECTUAL PROPERTY

6.1 All intellectual property rights (such as copyrights, ancillary rights, trademark rights, rights of database producers) concerning the structure and the content of the Website and in particular the images, sounds, videos, photography, logos, brands, graphic, textual, or visual elements, tools, software, documents, data, etc. (hereafter referred to as “Elements”) are reserved. These Elements are the property of CaribDeal Ltd. These Elements are made available to Users and Advertisers, ex gratia, for the sole use of CARIBDEAL Services and in the context of a normal use of its functionalities.

All use of the Website’s Elements that is not expressly authorized will incur a violation of copyright and constitutes fraud. It may also incur a violation of image rights, rights of persons or other current rights and regulations. It may incur the civil and/or penal responsibility of its author.

6.2 It is forbidden for all Users and Advertisers to copy, modify, create a derivative work, reverse the concept or assembly or in any other manner attempt to locate the source code, to sell, attribute, sublicense or transfer in any way all rights associated with the Elements.

All Users and Advertisers of CARIBDEAL Services agree to never:

●    Use or test CARIBDEAL Services on behalf of or for the profit of others
●    Extract, for commercial or other ends, all or part of the information presented in Advertisements on CARIBDEAL Services and on the Website
●    Reproduce on any other platform, for commercial or other ends, all or part of the information presented in Advertisements on CaribDeal Service and on the Internet site allowing all or part of the original files to be reconstituted
●    Use a robot, including those for exploration (spider), an application for search and retrieval of Website, except in cases of express and prior approval from CaribDeal Ltd.
●    Copy the information on any of the platforms that would allow all or part of the original files to be reconstituted

Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements in any manner whatsoever that is done, without prior written consent by CaribDeal Ltd. is illegal. These illegal actions render those individuals liable to be brought into judicial proceedings against them for fraud.

6.3 The brand and logos CaribDeal.com and CD. as well as the brands and logos of the partners of CaribDeal Ltd. are registered trademarks. Any total or partial reproduction of these brands and/or logos without prior written consent from CaribDeal Ltd. is illegal.

6.4 CaribDeal Ltd. is the database producer for CARIBDEAL Services. As a result, any extraction and/or reuse of one or more of these databases are illegal.

6.5 CaribDeal Ltd. reserves the right to use all legal means against individuals who do not respect the restrictions contained in this document.

6.6 Hyperlinks

6.6.1 Links displayed on CARIBDEAL Services

CARIBDEAL Services may contain hyperlinks redirecting to sites operated by other parties. These links are provided for general information purposes only.

CaribDeal Ltd. does not hold any control over these sites and is not responsible for the access to, content or utilization of these sites, or any damages that may result from consulting the information presented on those sites.

The decision to activate these links is fully and completely the User’s responsibility.

6.7 The content of Advertisements that are posted belongs to the Advertisers, nevertheless, by submitting Advertisements on the Website, the Advertiser grants:

●    At CaribDeal Ltd., the right non-exclusive, transferable, sub licensable, ex gratia right, of exploitation worldwide for (i) the entire content of Advertisements, especially photographs, text, videos, illustrations, brands, logos, titles (hereafter referred as “Content”), during their publication on the Website as well as (ii) a license on the ensemble of the intellectual property rights associated with content and in particular the copyright on the elements used in the Advertisement such as photographs, text, videos, designs, illustrations, sound elements, for the legal duration of the intellectual property rights worldwide.

The rights conceded here include the right to reproduce, represent, diffuse, adapt, modify, create a derivative work, and translate all or part of the content by any means, in any form and in all platforms (digital, printed, etc.) known or unknown at this date, within the framework of CARIBDEAL Services or in relation to the activity of CaribDeal Ltd. for commercial or other means as well as for publicity purposes, and also within the framework of diffusion over social networks such as Facebook, Twitter, Instagram, Pinterest, Google+, VK and OK.

Under this license, CaribDeal Ltd., without creating an obligation to act, has the right to oppose the reproduction and exploitation by non-authorized third parties of the Advertisements transmitted on the Website and their content.

●    At the Users, the right non-exclusive to access the content via CARIBDEAL Services and to use and represent the content insofar as it is authorized by the functionalities of CARIBDEAL Services worldwide.


-    ARTICLE 7 : MODIFICATION OF CARIBDEAL SERVICES AND TOS

7.1 CaribDeal Ltd. reserves the right, at any time, to modify or interrupt access to all or part of CARIBDEAL Services and/or the Website.

7.2 CaribDeal Ltd reserves the possibility to modify, at any time, in whole or in part the TOS. Users and Advertisers are invited to regularly consult the TOS in order to take note of any potential changes that have been made. The utilization of the site by Users and Advertisers constitutes the acceptance of any modifications made to the TOS.


-    ARTICLE 8 : GENERAL PROVISIONS

If any part of the TOS should prove to be illegal, invalid or inapplicable, for any reason, the provisions in question will be considered null and void without disputing the validity of other provisions that will continue to apply between Users and Advertisers and CaribDeal Ltd.

The present TOS are subject to the law of St. Kitts and Nevis.