TERMS AND CONDITIONS OF SERVICE – TOTALLY BARBADOS – BRECAL INC.
Last updated on Saturday, February 22nd, 2020.
- Totally Barbados
- Terms and Conditions of Service
- Effective March 1, 2020
This page offers a preview of Totally Barbados’s new Terms of Service that takes effect on March 1, 2020.
For more details, we’ve also provided a summary of the key changes. If you don’t agree with our new Terms of Service, you can find more information about your options in our Frequently Asked Questions.
What’s covered in these terms
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Totally Barbados services, and what we expect from you.
These Terms of Service reflect the way Totally Barbados’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Totally Barbados’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
- What you can expect from us, which describes how we provide and develop our services
- What we expect from you, which establishes certain rules for using our services
- Content in Totally Barbados services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Totally Barbados, or others
- In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
Understanding these terms is important because, by using our services, you’re agreeing to these terms.
Terms and Conditions
By using Totally Barbados (https://www.totallybarbados.com/) and all services of Totally Barbados (a subsidiary of the incorporated company Brecal Inc.), you agree to the legal terms set forth by the following terms and conditions (“Terms and Conditions”).
By using Totally Barbados, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use Totally Barbados for any purpose.
Totally Barbados reserves the right to modify the Terms and Conditions from time to time without prior notice, effective upon posting an updated version of these Terms and Conditions to the website.
You are responsible for regularly reviewing these Terms and Conditions. Continued use of Totally Barbados and any of its products and services after any such modifications to the Terms and Conditions shall constitute your consent to such amendments.
Totally Barbados services are provided by, and you’re contracting with:
- Brecal Inc. – Company No. 24882 – organized under the laws and companies act of Barbados.
- Brecal Inc. – Date of Incorporation: February 21st, 2005
- Totally Barbados – registered in the Register of Business Names under No: 33504 on June 2nd, 2006.
140 B Durants Fairways
Christ Church, BB17097,
- Totally Barbados dot com (https://www.totallybarbados.com/) is a “website” available through the World Wide Web, focusing on information relating to promoting the island of Barbados, its people, businesses, tourism, and related topics;
- The Client seeks to utilize a portion of Totally Barbados dot com (https://www.totallybarbados.com/) for advertising products or services for its purposes;
- The parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore the owners of Totally Barbados dot com (https://www.totallybarbados.com/) – can make no guarantee that any given reader shall be able to access Totally Barbados dot com at any given time.
Totally Barbados / Brecal Inc. represents that it shall make every reasonable faith effort to ensure that Totally Barbados dot com is available as widely as possible and with as little interruption as possible.
IN CONSIDERATION of the mutual promises contained in this Agreement, the parties agree as follows:
Your relationship with Totally Barbados
These terms help define the relationship between you and Totally Barbados. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Totally Barbados’s business works and how we earn money. When we speak of “Totally Barbados,” “we,” “us,” and “our,” we mean Brecal Inc. and Totally Barbados and its affiliates.
What you can expect from us
We provide a broad range of services that are subject to these terms, including:
- apps and sites (like our Barbados Island Guide and our Barbados Events Calendar)
- integrated services for social media
Our services are designed to work together, making it easier for you to move from one activity to the next.
Improve Totally Barbados services
We’re constantly developing new technologies and features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Totally Barbados Account, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
What we expect from you
Follow these terms and service-specific additional terms
The permission we give you to use our services continues as long as you meet your responsibilities in:
- these terms
- service-specific additional terms, which could, for example, include things like additional age requirements
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
- comply with applicable laws, including export control, sanctions, and human trafficking laws
- respect the rights of others, including privacy and intellectual property rights
- don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others
- don’t abuse, harm, interfere with, or disrupt the services
Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse and we encourage this action at all times.
Permission to use your content
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as the reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.
We need your permission if your intellectual property rights restrict our use of your content. You provide Totally Barbados with that permission through this license.
This license covers your content if that content is protected by intellectual property rights.
What’s not covered
- this license doesn’t affect your privacy rights — it’s only about your intellectual property rights
- this license doesn’t cover these types of content:
- publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
- the feedback that you offer, such as suggestions to improve our services.
This license is:
- worldwide, which means it’s valid anywhere in the world
- non-exclusive, which means you can license your content to others
- royalty-free, which means there are no fees for this license
This license allows Totally Barbados to:
- host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
- publish, publicly perform, or publicly display your content, if you’ve made it visible to others
modify and create derivative works based on your content, such as reformatting or translating it
- sub-license these rights to:
- other users to allow the services to work as designed, such as enabling you to share photos with people you choose
- our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
This license is for the limited purpose of:
- operating and improving the services, which means allowing the functions to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
- for spam, malware, and illegal content
- to recognize patterns in data, such as determining when to suggest a new album in Totally Barbados Photos to keep related photos together
- to customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings)
This analysis occurs as the content is sent, received, and when it is stored.
- Using content you’ve shared publicly to promote the services. For example, to promote a Totally Barbados app, we might quote a review you wrote. Or to promote Totally Barbados, we might show a screenshot of the service you offer.
- developing new technologies and services for Totally Barbados consistent with these terms
This license lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
- If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Totally Barbados Account even after you remove it from your Totally Barbados Account.
- If you make your content available through other companies’ services, it’s possible that search engines, including Totally Barbados Search, will continue to find and display your content as part of their search results.
Using Totally Barbados services
Your Totally Barbados Account
If you meet these age requirements, you can create a Totally Barbados Account for your convenience. Some services require that you have a Totally Barbados Account to work — for example, to add, claim, or promote your business on our site, you need a Totally Barbados Account.
You’re responsible for what you do with your Totally Barbados Account, including taking reasonable steps to keep your Totally Barbados Account secure.
Using Totally Barbados services on behalf of an organization
Many organizations, such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:
- an authorized representative of that organization must agree to these terms
- your organization’s administrator may assign a Totally Barbados Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Totally Barbados Account.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Content in Totally Barbados services
Some of our services allow you to make your content publicly available — for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.
- See the Permission to use your content section for more about your rights in your content, and how your content is used in our services
- See the Removing your content section to learn why and how we might remove user-generated content from our services
If you think someone is infringing your intellectual property rights, you can send us notice of the infringement, and we’ll take appropriate action. For example, we suspend or close the Totally Barbados Accounts of repeat copyright infringers.
Totally Barbados content
Some of our services include material that belongs to Totally Barbados — for example, many of the photographs you see on our Totally Barbados website and social media posts. You may use Totally Barbados’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Totally Barbados Brand Permissions page.
Finally, some of our services give you access to material that belongs to other people or organizations — for example, a store owner’s description of their own business, or a newspaper article displayed on Totally Barbados. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ material are theirs and don’t necessarily reflect Totally Barbados’s views.
In case of problems or disagreements
By law, you have the right to (1) a certain quality of service, and (2) ways to fix issues if things go wrong. These terms don’t limit or take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us, and we’ll work with you to try to resolve the issue.
The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, (2) stated in the service-specific additional terms, or (3) provided under applicable laws. We don’t make any other commitments for our services.
And unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Review our complete list of Disclaimers in this section.
For all users
These terms only limit our responsibilities as allowed by applicable law. Expressly, these terms don’t limit Totally Barbados’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.
Other than the rights and responsibilities described in this section (In case of problems or disagreements), Totally Barbados won’t be responsible for any other losses unless they’re caused by our breach of these terms or service-specific additional terms.
For business users and organizations only
If you’re a business user or organization, then to the extent allowed by applicable law:
- You’ll indemnify Totally Barbados and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
- Totally Barbados won’t be responsible for the following liabilities:
- loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- indirect or consequential loss
- punitive damages
- Totally Barbados’ total liability arising out of or relating to these terms is limited to the greater of (1) BBD 500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach
If you’re legally exempt from specific responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations, and these terms don’t override those immunities.
Taking action in case of problems
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, explain the reason for our work, and allow you to fix the problem, unless we reasonably believe that doing so would:
- cause harm or liability to a user, third party, or Totally Barbados
- violate the law or a legal enforcement authority’s order
- compromise an investigation
- compromise the operation, integrity, or security of our services
Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Totally Barbados, then we reserve the right to take down some or all of that content by applicable law. Examples include child pornography, material that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Totally Barbados services
Totally Barbados reserves the right to suspend or terminate your access to the services or delete your Totally Barbados Account if any of these things happen:
- you materially or repeatedly breach these terms, service-specific additional terms or policies
- we’re required to do so to comply with a legal requirement or a court order
- we reasonably believe that your conduct causes harm or liability to a user, third party, or Totally Barbados — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
If you believe your Totally Barbados Account has been suspended or terminated in error, you can appeal.
Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
Settling disputes, governing law, and courts
For information about how to contact Totally Barbados, please visit our contact page.
Barbados law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Bridgetown, Barbados, and you, and Totally Barbados consent to personal jurisdiction in those courts.
To the extent that applicable local law prevents certain disputes from being resolved in a Barbados court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Barbados law to resolve these disputes, then these disputes will be governed by the relevant local laws of your country, state, or other places of residence.
About these terms
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Totally Barbados. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available at all times.
If these terms conflict with the service-specific additional terms, the other terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new functions, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Totally Barbados Account.
ADVERTISING TERMS AND CONDITIONS:
1. Financial Arrangements and Terms of Payment
(a) Client agrees to advertise on Totally Barbados dot com (https://www.totallybarbados.com/) for the duration stated in their contract.
(b) 100% of Payment is due for services on receipt of the signed contract. If full payment is not received within 14 days of the beginning of the contract start date, Totally Barbados / Brecal Inc. cannot guarantee that the photo ad spots chosen will still be available. Accounts will be considered past due 30 days after billing. Interest will be charged on overdue accounts.
(c) The agreement will be automatically renewed for a further term of one year on the first anniversary unless canceled by either party at least 14 days before expiry.
(d) Failure by the Client to remit payment by the contract date or due date will result, at Totally Barbados / Brecal Inc.’s discretion, in any advertising services rendered to Client by Totally Barbados / Brecal Inc. to be removed from Totally Barbados dot com (https://www.totallybarbados.com/) until payment is received. The duration of the contract will not be extended due to the removal of said services in the event of delinquent payment.
(e) Advertising services rendered by Totally Barbados / Brecal Inc. will be paid for at the rate that is in effect at the date of the signing of the contract. These rates will remain in effect until the expiration of the contract (12 months). Renewal of services by the client will utilize the rates that are in effect at the time of renewal and indicates agreement by Client to any contract revisions.
(f) Ads will be in place within one hundred and sixty-eight hours of receipt of the submitted contract, payment and the required information as presented by the client. Totally Barbados / Brecal Inc. reserves the right to remove all ads if payment is not received within fourteen (14) days of receipt of submitted contract.
(g) All Photo ad spots will be titled after each advertiser’s business name and link directly to your profile page on Totally Barbados dot com (https://www.totallybarbados.com/).
(h) Your business listing will also be featured on the appropriate directories of Totally Barbados dot com, at the top of the list and above all free members.
Value-added tax (VAT) is no longer required for products and services by Totally Barbados / Brecal Inc.
The client shall provide all photos, which shall be posted on Totally Barbados dot com (https://www.totallybarbados.com/) by Totally Barbados / Brecal Inc. on the specific page(s) that advertising has been purchased for, as detailed on the contract and signed by the advertiser. There will be a title below this photo which would be the name of the business and which would link directly to the profile page of the advertiser on Totally Barbados dot com (https://www.totallybarbados.com/). Each client will also receive monthly reports upon request, showing the number of times their photo ad spots pages and their profile page were viewed.
4. Trademarks and Copyrights
Client warrants that it has the right to use applicable trademarks, if any, photos and other supplied content and grants Totally Barbados / Brecal Inc. the right to use such content in connection with Totally Barbados / Brecal Inc.’s advertising services. Totally Barbados / Brecal Inc. warrants that it has the right to use all photographs, logos, and material provided by it, and all information provided is accurate and not misleading.
5. Change of Ownership
Totally Barbados dot com (https://www.totallybarbados.com/) may be transferred to the control of another person or corporate entity without prior notice to or permission from its Clients. Any new clients assume any obligations as outlined in this agreement.
6. Limited Liability
(1) Totally Barbados / Brecal Inc. assumes no responsibility for products and services. Client provides. Totally Barbados / Brecal Inc. provides no warranties, either expressed or implied, nor any assurances of product fitness. The client assumes any responsibility and risk from such services.
(2) The client agrees that the use of Totally Barbados / Brecal Inc.’s advertising services is at the Client’s sole risk. Neither Totally Barbados / Brecal Inc., Totally Barbados / Brecal Inc.’s employees, affiliates, agents, third party information providers or the like, warrant that service will not be interrupted or error-free; nor does Totally Barbados / Brecal Inc. make any warranty as to the results that may be obtained from the use of the service provided unless otherwise stated in this Agreement.
(3) Under no circumstances, including negligence, shall Totally Barbados / Brecal Inc., its officers, agents or anyone else involved in creating, producing or distributing Totally Barbados / Brecal Inc.’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Totally Barbados / Brecal Inc.’s services; or that the results from the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Totally Barbados / Brecal Inc.’s records, programs or services. The client acknowledges that this paragraph shall apply to all content on Totally Barbados / Brecal Inc.’s service.
(4) Notwithstanding the above, Client’s exclusive remedies of all damages, losses, and causes of actions whether in contract or including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
(5) All email requests that any business or client of Totally Barbados / Brecal Inc. receives from a world wide web visitor shall be received with caution especially about spammers or individuals who try to misrepresent themselves in carrying out illegal activities.
Client agrees that it shall defend, indemnify, save and hold Totally Barbados / Brecal Inc. harmless from any demands, liabilities, losses, costs, and claims including reasonable attorneys’ fees (the “Liabilities”) asserted against Totally Barbados / Brecal Inc., its agents, its customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns, and as a result of publishing any advertisement which is libelous or misleading or otherwise subjects Totally Barbados / Brecal Inc. to liability. This indemnity shall apply to all advertisements and content published, even if produced by the Totally Barbados / Brecal Inc. on behalf of the advertiser.
Client agrees to defend, indemnify, and hold harmless Totally Barbados / Brecal Inc. against Liabilities arising out of:
(a) any injury to person or property caused by any products sold or otherwise distributed by Client in connection with Totally Barbados / Brecal Inc.’s service;
(b) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(c) Copyright infringement; or
(d) any defective product which Client sold via Totally Barbados / Brecal Inc.’s services.
(e) Advertiser acknowledges Totally Barbados / Brecal Inc. owns the copyright and all other intellectual property rights for materials prepared by Totally Barbados for the Advertiser.
(f) The liability of Totally Barbados / Brecal Inc. for non-insertion is limited to the amount paid for the advertisement. The liability of Publisher for errors by the Publisher is limited to the cost of space occupied by the error.
(g) Liability of Totally Barbados / Brecal Inc. for damage arising out of incorrect delivery or non-delivery of any content is limited to the amount paid to the Totally Barbados / Brecal Inc. for distribution of such content.
(h) The positioning of advertisements formats is not guaranteed unless a premium is paid.
(i) Totally Barbados / Brecal Inc. reserves the right to revise, reject, discontinue or omit any advertisement, or to cancel any advertising contract, for reasons satisfactory to Totally Barbados / Brecal Inc. without notice and without penalty to either party.
Totally Barbados / Brecal Inc. will not knowingly publish any advertisement which is illegal, infringing, misleading or offensive to its readers.
8. Lawful Purpose
A client may only use Totally Barbados / Brecal Inc.’s services for a legitimate purpose. Transmission of any material in violation of any governmental regulation is prohibited. This includes but is not limited to, copyrighted material, material legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets. Totally Barbados / Brecal Inc. expressly forbids anyone from using Totally Barbados / Brecal Inc.’s services for any content Totally Barbados / Brecal Inc. deems objectionable. This includes links to any such documents. The designation of such materials is left entirely to the discretion of Totally Barbados / Brecal Inc.
(1) A client without cause may terminate this agreement by giving the Totally Barbados / Brecal Inc. 14 day’s written notice. Under these circumstances, all payments previously made are final and non-refundable.
(2) Notwithstanding the above, Totally Barbados / Brecal Inc. may terminate this Agreement at any time, without penalty or forfeiture of fees paid or due by the Client, if the Client fails to comply with the terms of this Agreement.
(3) If Totally Barbados / Brecal Inc. determines, in its sole and unfettered discretion, that any content provided by Client is offensive or demeans the status or reputation of Totally Barbados dot com, Totally Barbados / Brecal Inc. shall notify Client and if Client does not remove offending material within 48 hours of notice, Totally Barbados / Brecal Inc. may terminate this Agreement and remove Client’s content from Totally Barbados dot com (https://www.totallybarbados.com/) and all fees and amounts paid by Client shall be forfeited.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract shall be agreed to by the parties on the renewal of services in writing.
Any notice required to be given to either party may be assigned by e-mail, to the address of record, by facsimile number, if provided, or by pre-paid post at the address provided in this agreement by the party.
12. Governing Law
This Agreement shall be governed by the laws of the United States, Canada, the Caribbean, and Barbados.
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