Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means a directory listing posted on Our Site by a User which shall provide details of that User’s business;
“Listed Business” means any business featured in a Listing;
“User” means a user of Our Site; and
“We/Us/Our” means Locate Local, a company registered in Barbados under No. 77051, whose registered address is Rogers Road Back Ivy St. Michael.
2.1 Our Site, www.locatebarbados.com, is [owned and] operated by Locate Local, a business registered in Barbados under No. 77051, whose registered address is Rogers Road Back Ivy St. Michael.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to post Listings) may require an Account to access them.
4.2 You may not create an Account if you are under 18 years of age.
If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you, and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorized use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close and delete your Account, any public Listing(s) information you have posted to Our Site, including but not limited to the business name, phone number and email may remain available for the public to view or may be deleted at the discretion of Locate Local. However, all personal information, including but not limited to usernames, passwords, bookings, and wallet information, will be deleted. Users must send a request for the complete removal of all data from Our site via email to email@example.com.
5.1 With the exception of the content of Listings, all Content on Our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labeled otherwise, belongs to or has been licensed by Us. All content (including that in Listings) is protected by applicable Barbados and international intellectual property laws and treaties.
5.2 Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Listings posted by them (unless any part of a Listing is owned by a third party who has given their express permission for their material to be used in the Listing).
5.3 You may:
5.3.1 Access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print [one copy of any] page[s] from Our Site;
5.3.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
5.5 Subject to sub-Clause 5.3 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at firstname.lastname@example.org.
5.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
6.1 An Account is required if you wish to submit a Listing. Please refer to Clause 4 for more information.
6.2 You agree that you will be solely responsible for your Listing(s). We accept no responsibility for the content of Listings. Specifically, you agree, represent and warrant that you have the right to submit the Listing (s), that all information in the Listing (s) is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that all such Listing (s) will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or your licensors, as appropriate) retain ownership of the content of your Listing (s) and all intellectual property rights subsisting therein. When submitting a Listing, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license that Listing for the purposes of operating and promoting Our Site.
6.5 If you wish to remove a Listing, you may do so by visiting the ‘My Listing” tab on the user dashboard, clicking “More” on the desired listing, and selecting “delete” on the specific listing. We will use reasonable efforts to remove the Listing in question from Our Site. Removing a Listing also revokes the license granted to Us to use that Listing under sub-Clause 6.4. Please note, however, that caching or references to your Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.6 We may reject, reclassify, edit, or remove any Listing from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Listing in question should be removed as a result.
7.1 We publish a directory of businesses, jobs, scholarships and other items on our website. You may use the directory for advertising your product, service, company, job opening, or any item you may have for sale.
8.1 You may submit a free listing to our directory by following this process:
8.2 If we accept your free directory listing submission, it will remain published on our website indefinitely, subject to termination or deletion in accordance with these terms and conditions.
8.3 We may delete a free directory listing at any time, with or without notice to you.
9.1 You may submit a paid listing to our directory by following this process:
9.2 You will have the opportunity to identify and correct input errors prior to making your order by reviewing your Listing on the “review page” before clicking the “Continue” button at the top of the page.
9.3 Paid submissions include the following benefits: (define benefits].
9.4 If we accept a paid directory submission, it will remain published on our website for the relevant period specified in each plan, subject to termination or deletion in accordance with these terms and conditions.
9.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 9.5 before the end of the period In respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro-rata basis using any reasonable methodology.
10.1 Each submission to our directory must be a listing in respect of a business, product, service, job vacancy, or scholarship.
10.2 You must keep your directory submissions up to date using our website interface.
10.3 Your directory submissions must not relate to any unlawful business, product or service; and you must not make any directory submission to conduct any unlawful activity or enter into any unlawful contract or arrangement.
10.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions’, or that do not meet the additional guidelines for submissions published on our website.
10.5 If we reject or delete a directory submission in accordance with this Section 10, we will not refund any applicable charges.
11.1 You may claim an unclaimed business already listed Our Site through this process:
11.2 Once a claim request is submitted, the User verifies that they are a legal owner or current employee of the Listed Business and is fully responsible for the content of the Listing.
11.2 Locate Local will not be held liable for any and all damages occurring from a false listing claim, including but not limited to any resulting defamation or loss of income to a Listed Business.
11.3 If a User finds that a Listed Business legally owned by them has been wrongfully claimed, a request can be made to dispute ownership of the Listing by sending an email to email@example.com, including the name of the Listed Business in question, your name, your email, and phone number. Access to the Listing will be suspended until an owner is verified.
11.4 Users found to have falsely claimed any Listings on Our Site will be held liable for all damages occurring to the Listed Business and Locate Local. Users will incur a charge of 200BDS for damages to be paid to Locate Local no later than 60 days after proof of the false claim.
12.1 The fees in respect of our website services will be as set out on the website from time to time.
12.2 All amounts stated in these terms and conditions or on our website are stated Inclusive of VAT.
12.3 You must pay to Us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
12.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
12.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
12.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of BDS 75.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statements, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 12.6.
12.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
12.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
13.1 In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
13.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, translate, publish and distribute your content on and in relation to this website and any successor website.
13.3 You grant to us the right to sub-license the rights licensed under Section 13.2.
13.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.
13.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
13.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
14.1 You may only use Our Site in a lawful manner, and that complies with the provisions of this Clause 14. Specifically:
7.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
14.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
14.2 When posting a Listing (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:
14.2.1 [is sexually explicit;]
14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
14.2.3 promotes violence;
14.2.4 promotes, assists in, or constitutes any form of unlawful activity (including anything which may be in breach of rules, regulations, or legislation specifically applicable to the Listed Business);
14.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
14.2.7 is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
14.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
14.2.9 misleadingly impersonates any person or business or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
14.2.10 implies any form of affiliation with Us where none exists;
14.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
14.2.12 is in breach of any legal duty owed to a third-party including, but not limited to, contractual duties and duties of confidence.
14.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 14 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
14.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
14.3.2 remove any Listing posted by you which violates this Acceptable Usage Policy;
14.3.3 issue you with a written warning;
14.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.3.5 take further legal action against you as appropriate;
14.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
14.3.7 any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
15.1 You may link to Our Site provided that:
15.1.1 you do so in a fair and legal manner;
15.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
15.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
15.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
15.2 You may link to any page of Our Site.
15.3 Framing or embedding of Our Site on other websites is permitted. Please contact Us at firstname.lastname@example.org for further information.
15.4 You may not link to Our Site from any other site, the content of which contains material that:
15.4.1 [is sexually explicit];
15.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
15.4.3 promotes violence;
15.4.4 promotes or assists in any form of unlawful activity;
15.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
15.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
15.4.7 is calculated or is otherwise likely to deceive;
15.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
15.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause
15.4.10 implies any form of affiliation with Us where none exists;
15.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
15.4.12 is made in breach of any legal duty owed to a third party, including, but not limited to, contractual duties and duties of confidence.
15.5 The content restrictions in sub-Clause 15.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 15.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
17.1 We may feature advertising (in addition to Listings) on Our Site, and We reserve the right to display advertising on the same page as any Listing.
17.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
17.3 We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site, including, but not limited to, any errors, inaccuracies, or omissions.
18.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. In particular, We make no representation or warranty that any part of Our Site (including Listings) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based.
18.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
18.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not content uploaded by a User) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local authorities.
18.4 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that such content is complete, accurate, or up-to-date.
18.5 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Listed Business and We accept no responsibility for any actions taken, or for any goods or services provided, by any Listed Business.
19.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Listing posted by a User) included on Our Site.
19.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Listings) included on Our Site.
19.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
19.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 18.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
19.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
12.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers” legal rights, including those relating to digital content, please contact your local authorities.
20.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 19.4.]
20.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
20.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
20.4 You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
20.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
20.6 By breaching the provisions of sub-Clauses 20.3 to 20.5, you may be committing a criminal offense under the Computer Misuse Act of Barbados. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
23.1 If you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
23.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from us at any time, it may take up to 10 business days for your new preferences to take effect.
23.3 For questions or complaints about communications from Us, including but not limited to marketing emails, please contact Us at email@example.com or via https://locatebarbados.com/contact-us/.
24.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
24.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page at https://locatebarbados.com/contact-us/.
26.1 These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Barbados.
26.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 26.1 above takes away or reduces your rights as a consumer to rely on those provisions.
26.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Barbados, as determined by your residency.
26.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Barbados.
27.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in advertisements or listings;
(c) we are not party to any contract for the sale or purchase of [products, digital products or services advertised or listed on the website by Listed Businesses;
(d) we are not involved in any transactions between website users in any way;
(e) we are not the agents for any website users, and accordingly, we will not be liable to any person in relation to any contract or other arrangement between website users. Furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users. We will have no obligation to mediate between the parties to any such contract.