Nohuts Terms of Service
Last Updated: 20 January 2016
Introduction
Welcome! These Terms of Service (“Terms“) govern your use of any products, software, services and websites (the “Services”) provided by Nohuts Advertising Limited (“Nohuts”), whether they be via our any of our Websites (e.g., www.nohuts.com, or our Facebook, Twitter or other platform). Our Privacy Policy explains the way we collect and use your information.
The Terms apply to everyone who uses the Services (including real estate professionals and developers), and they govern the relationship between Nohuts and our users during their use of the Services. If you’re using our Services on behalf of a business entity (“Business”), then you are agreeing to these Terms on behalf of that Business and you represent and warrant that you have the authority to bind the Business to these Terms. In that case, “you” and “your” refers to that Business.
PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You should also print off or save a local copy of the Terms for your records.
Changes to the Terms
Nohuts may modify or replace these Terms from time to time and such changes shall be effective immediately upon the posting of the revised Terms.
You understand and agree that if you use the Services after the date on which the Terms have changed, Nohuts will treat your use as acceptance of the updated Terms.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY as updated from time to time.
If you do not wish to be bound by these Terms, do not access or use the Services. You are allowed to use our Services only if you can form a binding contract with us, and only in compliance with our Terms and all applicable laws.
You can accept the Terms by either opting to accept and agree to the Terms, where this option is made available to you by Nohuts in the user interface for any Service; or by actually using the Services. In this case, you understand and agree that Nohuts will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Nohuts, or you are a person barred from receiving the Services under the laws of Jamaica or other countries including the country in which you are resident or from which you use the Services. If we become aware that a child under legal age has provided registered to use any of our Services, we will terminate their account.
Your Privacy
Your privacy is very important to us. Our Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Terms. It describes how we collect, use and protect your personal information. This is important information. Please read it carefully before using any Service. By using our Services, you consent to our Privacy Policy.
Modifications to the Services
Nohuts is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Nohuts provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Nohuts may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Nohuts’ sole discretion, without prior notice to you.
You acknowledge and agree that if Nohuts disables access to your account, you may be prevented from accessing the Services, your account details or any files or other Content which is contained in your account.
Description of the Services
The Services provided by Nohuts allow our users to post listings for the purpose of sale or rental of properties and to share the listings with others. In addition, the Services allows users of the Service to send messages to individuals responsible for specific listings and provide feedback on individual properties or the Service as a whole. Any text, photos, videos, graphics, messages, reviews, code, or other information, content or materials that you post, submit, publish, display or link to through the Services to send to or share with other users of the Service are collectively referred to as “Content”.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools, functionality and resources, shall be subject to these Terms.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees that may be associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You also understand that by providing us with your contact information, you acknowledge that we have an established business relationship with you and you expressly agree that the Services may include certain communications (e.g., service announcements, administrative messages) from Nohuts or our service providers (via phone, mobile phone, text (SMS), email, postal mail or otherwise) and that these communications are considered part of the Services and you will not be able to opt out of receiving them. Also, from time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
Your Obligations
You are required to satisfy the following obligations when you use the Services.
Registration and Account Security
In order to access the Services, you may be required to register in order to use some or all of the features and functionalities. We may, in our sole discretion, permit or deny your registration.
We may permit you to register to the Services using your Facebook, Google or other social media account. If you register to the Services via social media, the applicable social media terms of use and any changes to the same shall apply to you in addition to these Terms.
Where user accounts exist, we do our best to keep the accounts of our users secure. However, we cannot guarantee this. Here are some commitments we require from you with regard to registering and maintaining the security of your account.
You agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes and for no other reason.
You agree that any information associated with your registration for the Services that you give to Nohuts about yourself (e.g. your email address and contact details), as amended by you from time to time, will always be accurate, correct and up to date.
You agree to be solely responsible for maintaining the confidentiality of your account, for all activities that occur under your account, and for ensuring that only authorised individuals have access to your account. You should notify Nohuts immediately if you become aware of any breach of security or unauthorised use of your account.
You agree that you will not create an account for anyone other than yourself without permission.
You agree to never use another user’s account without permission.
You agree to not use the Services if you are below 18 years of age.
If Nohuts disables access to your account, you agree to not create another one without our permission.
You may stop using the Services at any time. You do not need to specifically inform Nohuts when you stop using the Services.
Your Content
You retain ownership of your Content. In addition, the following clauses apply.
You are solely responsible for your Content.
By uploading your Content onto the Service, you are granting us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of providing you the Service and associated support; and analysing and improving the operation of the Service. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.
You agree that your Content will not violate any applicable law, intellectual property rights, or anyone’s right of privacy or publicity.
You agree that you will only submit listings for real estate that either belong to you, or for which you have obtained the express permission of the person or entity who own the property.
You agree that you are solely responsible for any intellectual property rights which subsist in your Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and unless you have agreed otherwise in writing with Nohuts, you agree that you are responsible for protecting and enforcing those rights and that Nohuts has no obligation to do so on your behalf.
You agree that your Content will not include any copyrighted material without permission from the owner of the copyright, including but not limited to photographs or videos that you upload via the Services.
If you delete your Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
You agree to provide Content which is accurate, complete, current, and truthful.
You agree that your Content will not infringe, misappropriate, or violate the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation.
You agree that your Content will not include any defamatory, libellous, hate speech, obscene, pornographic, indecent, harassing, threatening, abusive, or inflammatory information, or be fraudulent, purposely false or misleading or otherwise harmful.
You agree that your Content will not create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property.
You agree that your Content will not disclose confidential or sensitive information, including but not limited to information about neighbours or other information that would potentially be viewed as an invasion of privacy.
You understand and agree that your Content may be viewed by the general public.
Without prior notice and at any time at its sole discretion, Nohuts reserves the right to remove or modify Content on the Services that violates these Terms or that we otherwise reasonably believe may create liability for Nohuts, and remove any such objectionable Content. If we remove your Content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
Acceptable Use of the Services
You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Jamaica or other relevant countries).
You agree that you are responsible for your own conduct and Content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper.
You agree that you are solely responsible for (and that Nohuts has no responsibility to you or to any third party for) any breach of your obligations under the Terms, including those conducted under any username assigned to your account, and for the consequences (including any loss or damage which Nohuts may suffer) of any such breach.
You agree that you will not misuse the Services, for example, in any of the following ways:
For any unlawful purpose or for promotion of illegal activities;
To impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
By using any information about other users of the Services that is transferred to you during your use of the Services (e.g., contact information sent to you when a user contacts you) for any other reason except to assist those users in the sale, rental or management of real estate, and for any illegal or harmful purpose.
By publishing or posting another person’s private or personally identifiable information (e.g., street address) without their express authorisation and permission;
By sending unsolicited communications, promotions advertisements, or spam;
By publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer;
By accessing or attempting to access any of the Services by any means other than through the interfaces provided by Nohuts, unless you have been specifically allowed to do so in a separate agreement with Nohuts;
By attempting to access, accessing, tampering with or using non-public areas of the Services, or the computer systems used to deliver or manage the Services by Nohuts and/or its suppliers, unless you have been specifically allowed to do so in a separate agreement with Nohuts;
By attempting to or actually probing, scanning, or testing the vulnerability of any system or network used to deliver or manage the Service, or by attempting to or actually breaching or circumventing the security or authentication measures used (e.g., by hacking or using log in credentials of another user);
By accessing or searching (or attempting to access or search) any of the Services by any means other than Nohuts’ publicly supported interfaces (e.g., by using automated means such as scripts, web crawlers, or scraping);
By uploading viruses or other malicious code;
By failing to comply with the instructions set out in the robots.txt file present on the Website;
By forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
By engaging or attempting to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), access of any user, host or network (e.g., by sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services); or
By promoting or advertising products or services other than your own without appropriate authorisation.
You understand and agree that, without prior notice and at any time at its sole discretion, Nohuts reserves the right to review your actions to decide whether your conduct is inappropriate and whether it complies with these Terms. Where there any inappropriate conduct in violation of these Terms, without prior notice and at any time at its sole discretion, Nohuts may terminate your access, remove any of your Content, and/or disable your ability to share or upload Content within the Service, and you waive any right to claim access to the Services or any other claim that you may have. Any data of your usage may be retained or deleted at Nohuts’ sole discretion. You agree that any of your Content can be used and viewed by other third parties who access the Websites.
Payments
In return for using the Services, you agree to pay any applicable service fees associated with the Services, and you understand that the following clauses apply.
You agree to pay attention to the details of the transaction, including the total price, service fee, and taxes, all of which you are responsible for funding.
You agree that all payments made through the Services, are non-refundable.
You agree that Nohuts will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you.
Furthermore, you agree that any payment interactions you have with other users of the Service (e.g., to pay for the purchase of a property listed on one of our Websites) does not render Nohuts liable or responsible for the non- completion, non-payment, damage, breach of representations and warranties or fraud.
Property Rights
You acknowledge that the Services (excluding Content provided by users), including any intellectual property which subsists in the Services (e.g., logos, designs, database structure, user interfaces, response formats, software, pictures, and icons), will remain the exclusive property of Nohuts (or Nohuts’ licensors), whether those rights happen to be registered or not, and wherever in the world those rights may exist. In addition, the following clauses apply.
You acknowledge that the Services may contain information which is designated confidential by Nohuts and that you shall not disclose such information without Nohuts’ prior written consent.
Unless you have agreed otherwise in writing with Nohuts, nothing in the Terms gives you a right to use any of Nohuts’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any Nohuts brand features in a separate written agreement with Nohuts, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorised to do so in writing by Nohuts, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You grant Nohuts a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to Nohuts.
You agree that any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You agree that save for the limited right to access and use the Services in accordance with the Terms and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Services or any of its content and functionalities.
License to the Services
So long as you comply with these Terms, we grant you a limited, nonexclusive, non-transferable, revocable license to use the Services, for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nohuts.
This license does not allow you to reproduce, duplicate, copy, attempt to create a substitute or similar service, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Nohuts, in writing.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorised use of our Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms.
License to Nohuts Software
As part of the Services, we may provide downloadable client software (the “Software”) for your use in connection with the Services. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.
So long as you comply with these Terms, we grant you a limited, nonexclusive, non-transferable, revocable license to use the Software, for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Nohuts. This license does not constitute a sale of the Software or any copy thereof, and as between Nohuts and You, Nohuts retains all right, title and interest in the Software.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Nohuts, in writing.
Unless Nohuts has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
If you are using our API to develop an application based on our Services, you will be subject to our API Terms.
Your Use of Third Party Applications
If you elect to utilise any third party application in connection with your use of the Services, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilises your Content and other information, you should review their privacy policy.
Third-Party Trademarks, Links, and Services
All non-Nohuts trademarks (including product names and logos) appearing in our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
In addition, any links to third-party websites, advertisements, services, special offers, or other events, activities, or content are provided only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by Nohuts. In addition, Nohuts is not responsible or liable for your use of or access to any such third party services, and your activity outside our Services will not be governed by our Terms or other agreements.
Security
Nohuts will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorised or unlawful access to, use of, or processing of such Content.
Termination
You are free to stop using our Services at any time.
Nohuts reserves the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Services at any time if you are not complying with these Terms or if you are using the Services in a manner that we believe may cause us financial or legal liability.
Indemnification
You agree to defend, indemnify and hold harmless Nohuts and its affiliates, including their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent, or from a breach of any warranty or agreement you have made following acceptance of these Terms.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
In particular, Nohuts does not warrant to you that:
Your use of the Services will meet your requirements;
Your use of the Services will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the Services will be accurate or reliable;
That defects in the operation or functionality of any software provided to you as part of the Services will be corrected; or
That any advice or information, whether oral or written, obtained by you from Nohuts or through or from the Service shall create any warranty not expressly stated in the Terms.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Nohuts does not warrant, endorse, guarantee, or assume responsibility for any third party application or service that provides access to any of our Services (e.g., any third party application developed using a Nohuts API).
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOHUTS AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; or
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any changes which Nohuts may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Your failure to provide Nohuts with accurate account information; and
Your failure to keep your password or account details secure and confidential.
The limitations on Nohuts’ liability, and that of its affiliates, agents, directors, employees or suppliers, shall apply whether or not Nohuts and its affiliates, agents, directors, employees or suppliers have been advised of or should have been aware of the possibility of any such losses arising, and even if a remedy fails of its essential purpose
In no event, shall Nohuts be liable for any acts beyond our control or for any Acts of God.
NOHUTS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED USD $100.
Dispute Resolution
Unless you have entered into an additional agreement with Nohuts that provides for an alternative dispute resolution mechanism, you agree to following the dispute resolution procedure set out as follows:
You agree that prior to filing any claim against Nohuts relating to or arising out of these Terms you will first contact us at dispute.notice@nohuts.com to provide us with an effort to resolve the issue in an informal manner.
You agree that all claims must brought on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. In other words, class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
You agree that if a dispute cannot be resolved amicably to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, using a sole arbitrator.
Where an arbitration proceeding is initiated, you agree that the arbitration will be conducted in the English Language, in Jamaica or any other location we agree to, and if in Jamaica shall be conducted before a single arbitrator in accordance with the Arbitration Act of Jamaica and any modification/amendment effected thereafter from time to time. The Arbitrator shall be appointed jointly by both parties, but if we cannot agree on a single arbitrator, the appointment shall be made by the President for the time being of the Jamaican Bar Association.
You agree that the award passed by an arbitrator shall be final and binding on both parties, and the cost of arbitration shall be borne by you, unless awarded otherwise.
Governing Law
You understand and agree that these Terms will be governed by the laws of Jamaica, without regard to its conflict of laws principles, and you hereby submit to the exclusive jurisdiction and venue of the Jamaican Courts if required for any legal action or proceeding arising out of or relating to these Terms or the use of the Services.
Data Transfer
In connection with providing you the Services, Nohuts may transfer, store and process your Content in the Jamaica and the United States, or in any other country in which Nohuts or its agents maintain facilities. By using the Services you consent to this transfer, processing and storage of your Content.
No Waiver
Nohuts’ failure to exercise or enforce any right or provision of the Terms shall not be deemed a waiver of its right to do so at a later date.
Entire Agreement and Severability
These Terms constitute the entire agreement between you and Nohuts concerning the Services and shall supersede any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service.
If a provision of these Terms is found to be unenforceable, then that provision will be limited or eliminated to the minimum extent necessary with the remaining provisions of these Terms will remain in full force and effect reflecting as closely as possible our original intent.
Assignment
These Terms and any rights and licenses granted hereunder or your obligations, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Notices
We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about updates or changes to the Services, via email.
How to Contact Us
Should you have any comments, ideas or feedback with regard to the Service, including but not limited to abuse and misuse of the Service, intellectual property right infringement, or any issues related to data privacy, please report the same to customer.service@nohuts.com, providing your name, email address and contact number so that we can liaise with you in determining the authenticity of the complaint.
For questions or suggestions regarding these Terms or our other policies, please email us at customer.service@nohuts.com or in writing to PO Box 7009, Reading, St. James, Jamaica WI.
Change Log
4 January 2016
First version.
20 January 2016
Reflects our new company address.