User Agreement
PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and National Commercial Bank Jamaica Limited ,” “we,” or “us” and our affiliates. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.freelance.jncb.com or any part of the rest of the Site (defined in the Site Terms of Use).
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms of Use; Cookie Policy; Privacy Policy; Mark Use Guidelines; Application Programmable Interface (API) Terms of Use;. These agreements are collectively, with this Agreement, called the “Terms of Service”.
Subject to the conditions set forth herein, National Commercial Bank Jamaica Limited may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
REGISTRATION AND ACCEPTANCE
By registering to use the Site or Site Services (an “Account”), by using the Site or Site Services or by clicking to accept theTerms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
National Commercial Bank Jamaica Limited reserves the right to decline any participant’s registration or to add an Account of any type.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to National Commercial Bank Jamaica Limited and your information will be handled in accordance with our Privacy Policy , which is part of the Terms of Service and applicable law.
ACCOUNT ELIGIBILITY
National Commercial Bank Jamaica Limited offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor/ trading as or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of your services; and (d) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on National Commercial Bank Jamaica Limited . You authorize National Commercial Bank Jamaica Limited , directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
USERNAMES AND PASSWORDS
Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and,
if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. You authorize National Commercial Bank Jamaica Limited to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
PURPOSE OF SITE
The Site is a marketplace where Users can identify and market Services they offer. Subject to the Terms of Service, National Commercial Bank Jamaica Limited provides the Site Services to Users who will bid for gigs advertised by National Commercial Bank Jamaica Limited or its affiliates.
TAXES AND BENEFITS
National Commercial Bank Jamaica Limited is an authorised Tax Withholding Agent and as such will withhold and pay the Tax Administration of Jamaica or any other relevant authority, the appropriate sums, at the rate prevailing from time to time under the law. Withholding Tax will be applied by National Commercial Bank Jamaica Limited to all User invoices with a value of $50,000 and over, unless the User proves that it is exempt. Proof of exemption should be provided by way of submission an original exemption certificate from Tax Administration Jamaica to National Commercial Bank Jamaica Limited -failing which taxes at the rate prevailing from time to time will be withheld and National Commercial Bank Jamaica Limited, as an authorized Tax Withholding Agent, will withhold and pay the Tax Administration of Jamaica the appropriate sums, at the rate prevailing from time to time .
PROVIDED that it is understood that National Commercial Bank Jamaica Limited will not assume responsibility for the User’s payment of all relevant statutory payments and taxes, including GCT and Income Tax.
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RELATIONSHIP OF USER AND NATIONAL COMMERCIAL BANK JAMAICA LIMITED
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between National Commercial Bank Jamaica Limited and a User.
National Commercial Bank Jamaica Limited or its affiliates is solely responsible for and has complete discretion with regard to selection of any User for any Project..
PAYMENT METHODS
In order to use certain Site Services, User must provide account information for at least one valid Payment Method.
The User hereby authorizes National Commercial Bank Jamaica Limited , National Commercial Bank Jamaica Limited to obtain a Credit Report to determine a User’s credit worthiness. The User also authorizes National Commercial Bank Jamaica Limted to retain the User’s banking or other financial details consistent with our Privacy Policy.
WARRANTY DISCLAIMER
NATIONAL COMMERCIAL BANK JAMAICA LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES AND USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TERMINATION
Unless both you and National Commercial Bank Jamaica Limited or its affiliates expressly agree otherwise in writing, National Commercial Bank Jamaica Limited may terminate this Agreement in its sole discretion, at any time for among other things, the failure of the User to abide by any contractual obligations entered into .Moreover, National Commercial Bank Jamaica Limited or its affiliates may terminate this Agreement or any subsequent contract that the User enters into with it if, in the opinion of National Commercial Bank Jamaica Limited, the User at any time is guilty of serious misconduct or any conduct (including but not limited to any criminal offence) that may reasonably be expected to bring the National Commercial Bank Jamaica Limited reputation or National Commercial Bank Jamaica Limited’s products and services into disrepute;
Without limiting National Commercial Bank Jamaica Limited ’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or National Commercial Bank Jamaica Limited or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without National Commercial Bank Jamaica Limited ’s prior written consent.
ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which National Commercial Bank Jamaica Limited will have no liability whatsoever. National Commercial Bank Jamaica Limited , in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
SURVIVAL
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non- circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or National Commercial Bank Jamaica Limited from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such
termination.
DISPUTES BETWEEN YOU AND NATIONAL COMMERCIAL BANK JAMAICA LIMITED
If a dispute arises between you and National Commercial Bank Jamaica Limited or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, by using the Site you agree with National Commercial Bank Jamaica Limited and its Affiliates to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with National Commercial Bank Jamaica Limited (including without limitation any claimed employment with National Commercial Bank Jamaica Limited or one of our Affiliates or successors), the termination of your relationship with National Commercial Bank Jamaica Limited , or the Site Services (each, a “Claim”) in accordance with all alternative disputes methods recommended by the Supreme Court of Jamaica.
CHOICE OF LAW
The Site Terms of Use, the other Terms of Service, and any claim will be governed by and construed in accordance with the laws of Jamaica.
GENERAL
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and National Commercial Bank Jamaica Limited relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though National Commercial Bank Jamaica Limited drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or National Commercial Bank Jamaica Limited because of the authorship of any provision of the Terms of Service.
MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon National Commercial Bank Jamaica Limited unless they are agreed in a written instrument signed by a duly authorized representative of National Commercial Bank Jamaica Limited or posted on the Site by National Commercial Bank Jamaica Limited . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
SEVERABILITY; INTERPRETATION
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extentnecessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.