Terms
and Conditions
AGREEMENT
TO TERMS
These Terms and
Conditions constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (you) and Cande
Courier (we,
us or our), concerning your access to and use of the www.candecourier.com (we, us or our) website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, www.candecourier.com
).
You agree that by accessing www.candecourier.com,
you have read, understood, and agree to be bound by all of these Terms and
Conditions. If you do not agree with all of these Terms and Conditions, then
you are expressly prohibited from using www.candecourier.com
and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be
posted on www.candecourier.com from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms and Conditions at any time and
for any reason.
We will alert you about any changes by updating the date of
these Terms and Conditions, and you waive any right to receive specific notice
of each such change.
It is your responsibility to periodically review these Terms and
Conditions to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of www.candecourier.com after the date such revised Terms and
Conditions are posted.
The information provided on www.candecourier.com is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access www.candecourier.com from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
www.candecourier.com is
intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to register for www.candecourier.com.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated, www.candecourier.com
is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on www.candecourier.com (collectively, the
Content) and the trademarks, service marks, and logos contained therein (the
Marks) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of Jamaica W.I.
The Content and the Marks are provided on www.candecourier.com AS IS for your information and personal use
only. Except as expressly provided in these Terms and Conditions, no part of www.candecourier.com and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission in the form of a letter on Cande Courier
letterhead.
USER
REPRESENTATIONS
● By
using www.candecourier.com, you
represent and warrant that:
(1)
All registration information you submit must be true, accurate, current, and
complete and you will maintain the accuracy of such information by promptly updating
your registration information.
(2) You have the legal capacity and you agree to comply with
these Terms and Conditions.
(3) You are not a minor in the jurisdiction in which you
reside
(4) You will not access www.candecourier.com
through automated or non-human means,
whether through a bot, script, or otherwise.
(5) You will not use www.candecourier.com
for any illegal or unauthorized purpose.
(6) Your use of www.candecourier.com
will not violate any applicable law(s) or regulation(s).
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of www.candecourier.com (or any portion thereof).
Cande Courier
retains the right to withdraw your registration or any offer of
credit by the abuse of these Terms and Conditions.
USER
REGISTRATION
You are required to register with www.candecourer.com. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
PROHIBITED
ACTIVITIES
You may not access or use www.candecourier.com
for any purpose other than that for which we make available. www.candecourier.com
may not be used in connection with any commercial endeavours except those that
are specifically endorsed or approved in writing in the form letter by us.
As a user of www.candecourier.com,
you agree not to:
1.
Systematically retrieve data or other content from www.candecourier.com to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission in the form of a letter from us.
2.
Make any unauthorized use of www.candecourier.com, including collecting
usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated
means or under false pretences.
3.
Use www.candecourier.com
to advertise or offer to sell goods and services.
4.
Circumvent, disable, jeopardize or otherwise interfere with
security-related features of www.candecourier.com
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.
5.
Engage in unauthorized framing of or linking to www.candecourier.com
6.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.
7.
Make improper use of our support services or submit false
reports of abuse or misconduct.
8.
Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
9.
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to www.candecourier.com.
10. Attempt
to impersonate another user or person or use the username of another user.
11. Sell
or otherwise transfer your profile.
12. Use any information obtained from www.candecourier.com in order to
harass, abuse, or harm another person.
13. Use www.candecourier.com
as part of any effort to compete with us or otherwise use www.candecourier.com and/or the Content for any revenue-generating
endeavour or commercial enterprise.
14. Decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of www.candecourier.com.
15. Attempt to bypass any measures of www.candecourier.com designed to
prevent or restrict access to www.candecourier.com,
or any portion of the Site.
16. Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of www.candecourier.com to you.
17. Delete
the copyright or other proprietary rights notice from any Content.
18. Copy
or adapt the Sites software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
19. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any partys uninterrupted use and enjoyment of www.candecourier.com or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of
www.candecourier.com .
20. Upload
or transmit or attempt to upload or to transmit any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (gifs), 11 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as spyware
or passive collection mechanisms or pcms).
21. Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses www.candecourier.com, or using or launching any unauthorized script
or other software.
22. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or www.candecourier.com.
23. Use www.candecourier.com
in a manner inconsistent with any applicable laws or regulations.
24. www.candecourier.com prohibits the
use of any branding or memorabilia associated with and presented on the Site
and offered as advertisement for the conduct of business by www.candecourier.com.
25. All comments are deemed non
confidential and shall become our sole property.
USER
GENERATED CONTRIBUTIONS
www.candecourier.com
may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create and submit comments.
Authority
to Act as users Acceptance & Customs clearance agent
The service requires that Cande Courier, its subsidiaries, affiliates, and agents accept,
transport, import, and (when applicable) deliver users packages. By accepting
electronically (for example, by clicking I agree), using the website, or
using the service (for example, by sending a package to the provided US
address), you authorize the Cande Courier,
its subsidiaries, affiliates, and agents to act as users agent for the purpose
of acceptance, transportation (whether by own equipment, or by a third party),
importation (customs clearance) and delivery of all packages and sent to the
provided global forwarding address. Moreover, user acknowledges and authorizes
that Cande Courier may make declarations based on
the information provided by the user or found within the package and can accept
valuations on the users behalf (with or without users knowledge) if such
required information is not available or forthcoming.
Import
and Export Regulations and Limitations (Forwarding Country)
At the sole risk of user,
the user may ship packages to the assigned global forwarding address from a
third country provided that the shipment comply with all applicable export
regulations of the third country and all applicable import regulations of the country
hosting the intended global forwarding address. Moreover, Cande Courier will not be a party to, and will have no responsibility in
such transactions. Packages shipped to the intended global forwarding country
from a third country may require the services of a customs broker and/or may
incur customs duty charges which fall outside of the scope of the service
provided by Cande
Courier to the user. Cande Courier
may in its discretion assist user in retrieving shipments from customs in the
country hosting the global forwarding address.
Receiving,
Acceptance, and Refusal of users packages
Cande
Courier will receive all packages and delivered to the global
forwarding address by courier, post, known shippers or for user or by way of a
walk-in/drop-off by user or users agent or representative. Prohibited items
and/or items which may cause damage to the integrity of the total shipment of
imports will be refused. Receiving or signing for packages on behalf of user
does not constitute Candes
final acceptance of the package. Unless user is duly registered with Cande Courier, packages will be refused.
Final acceptance of packages is subject to inspection by Cande Courier. Cande
Courier reserves the right to or not
to carry out a visual inspection of the external package. Any damage found will
be noted, however Cande Courier is not obligated to verify the
integrity of the contents. User acknowledges that inspections carried out by Cande Courier are for the sole purpose of
determining whether the contents of the users package or mail can be shipped
by air or sea. User shall not hold Cande Courier
liable for damage to the contents of a package where the packing was found to
be inadequate for the nature of the goods whether Cande Courier ought to have known that such damage was likely to occur or
not. Cande Courier
may in its discretion refuse any package and will notify user promptly of the
reason for refusing the package. Cande Courier reserves the right to or not to repackage any
item received damaged. Those items which are repackaged will be subject to a
repackaging fee. User will cooperate promptly with all reasonable requests of
Cande Courier to resolve instances where
packages have been refused. Refused packages will be held in storage for a
maximum of thirty (30) days prior to disposal by Cande Courier. Cande Courier may in its
discretion assist user in returning refused shipments, user acknowledges and
agrees to prepay any additional fees that may arise in respect to assistance
provided by Cande Courier to return such shipments to
the vendor.
Cande
Courier does not accept enveloped, cheques, credit cards, debit cards or
cash. Once these items are found they will be returned to the respective
shipper.
Cande Courier
will provide the service of collection and sorting of packages. This service
will be provided Monday through Saturdays (see location for opening and closing
hours). Cande Courier shall not provide services on
national holidays, state of emergency or any conditions caused by natural
disaster. Cande Courier is not liable for packages
sent to incorrect address, fake name(s), fake address, packages delivered to
incorrect location by shipper for example: UPS, AMAZON. Delayed packages, mislabelled
packages whether incorrectly spelt name or missing unique number. Packages sent
to previously used warehouse by Cande Courier
thirty (30) days post notification of changed warehouse facility. Cande Courier reserves the right not to
accept liability for items damaged, stolen or misplaced. In the event of such
mishap Cande may, in its sole discretion consider a
partial or full refund for items damaged, stolen or misplaced to a maximum of
USD 100.
Walk-in/Drop
off
Candes warehouse Customer
Drop-off Record will be completed by both Candes agent and users
agent/representative. Contents will be inspected in the presence of user or
users agent/representative and a description noted on the form. Prohibited
items will be refused.
Import
Regulations and Restrictions (Home Country)
At the sole risk of user, the user may ship packages to the
assigned global forwarding address for reship to their home country, provided
that those shipments comply with all applicable laws, quotas, restrictions and permit/licensing requirements of the intended
destination country. The user acknowledges that Cande Courier is not in the business of
providing professional advice regarding applicable import laws, quotas, restrictions
and permit/licensing requirements of the intended destination country Cande Courier does not vet shipments arriving at the
assigned global forwarding address to determine whether shipments meet such
import laws, quotas, restrictions or permit/licensing requirements, therefore user
shall consult the services of the competent authority in the intended home
country for advice regarding applicable import laws, quotas, restrictions and
permit/licensing requirements and shall obtain any applicable permits/licenses
that may be necessary to import such shipments into the intended home country
prior to sending such shipments to the assigned global forwarding address. User
will cooperate with all reasonable requests of Cande Courier to provide permits or licenses where necessary and will
notify promptly upon obtaining such
permits and licenses. Cande Courier will promptly notify the user
upon learning of any actual or suspected breaches of any applicable import
laws, quotas, restrictions and permit/licensing
requirements. Cande Courier will not be a party to, and
will have no responsibility or liability in cases where user is found in breach
of applicable import laws, quotas, restrictions, and permit/licensing
requirements. User will notify Cande Courier promptly
where users shipment requires special tax treatments in respect to tax
exemptions and tax allowances and shall provide all applicable completed supporting
documents to Cande Courier.
Customs
Inspection, Valuation, Clearance, Storage and Disposal
The service requires that Customs and Border Protection (CBP)
and various other external authorities in the intended destination country be
given unrestricted access to inspect users shipments as deemed necessary to
safe guard the destination countries border, people, livestock, agriculture,
etc. By using the service, you authorize CBP, its agents and any other
Government Authority, and their agents to inspect users shipments and if
necessary, to detain, confiscate, or destroy shipments that pose a threat to
that countries national security. In such cases each user will defend, indemnify,
and hold harmless Cande Courier from any demands, claims,
damages, liabilities, expenses or harms, including attorneys fees, arising in
connection with inspecting, detaining, confiscating, storing, and destroying
such shipments. Cande Courier will promptly notify the user
upon learning of a shipment being detained, confiscated, or destroyed. User
will indemnify, and hold harmless Cande Courier and
their respective officers, directors, employees, and agents from any demands,
claims, damages, liabilities, expenses or harms, including attorneys fees,
arising in connection with errors or acts of omissions on customs declarations.
Moreover, user will indemnify, and hold Cande Courier for
any errors made or acts of omissions made by customs in respect to valuation of
shipments.
Items
detained by Customs
Items held by Customs but made available for retrieval will
require that a legitimate, unaltered invoice be provided. The retrieval of
these items will be subjected to customs duty, storage fees where applicable
and Cande Courier handling fee. Cande Courier reserves the right not to
clear item where invoice is deemed illegitimate or where it is believed to have
been altered. Detained items being cleared by user or users representative
will attract a fee for preparation of requisite Airway Bill (AWB) by Cande Courier. Associated documentation will
be made available to the user.
GUIDELINES
FOR REVIEWS
We may provide you areas on www.candecourier .com to
leave reviews or ratings. When posting a
review, you must comply with the following criteria:
(1) you should have first-hand
experience with the person/entity being reviewed;
(2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability;
(4) your reviews should not contain
references to illegal activity;
(5) you should not be affiliated with
competitors if posting negative reviews;
(6) you should not make any conclusions
as to the legality of conduct;
(7) you may not post any false or
misleading statements;
(8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion.
We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review.
SITE
MANAGEMENT
www.candecourier.com
reserves the right to share and offer services, products and other items from
time to time as may be deemed beneficial to users of our site with the clear
understanding that none or all of these offers, services and products may or
may not be accepted to our users.
These offers may include but are not limited to credit cards
referrals and loyalty programs, points, offering, airline tickets, hotel
accommodations, discounts and other similar items. All offerings will be made
at the sole discretion of www.candecourier.com
and will be time sensitive in accordance with the guidelines published with
that offering.
Qualification for any or all offers will also be at the sole
discretion of www.candecourier.com.
Consideration of acceptance and agreeing to utilize any offer
presented by www.candecourier.com will
be entirely at the discretion of the
user.
www.candecourier.com
also reserves the right to withdraw at its discretion all offers as stated
above.
OTHER
DECLARATIONS
I authorize Cande Courier
to provide customs clearance for all my packages. I understand that these
packages will be subject to customs inspection, payment of duties and handling
fees. Packages left uncollected from our offices after sufficient notifications of
availability for more
than thirty (30) days will accrue storage charges.
Items uncollected after forty five (45) days will be deemed as
abandoned and will become the property of Cande
Courier for disposal
solely at the discretion of Cande Courier.
In the event of death or disability of the primary user www.candecourier.com will not bear any
responsibility to deliver packages to anyone not assigned as a secondary user.
TERM
AND TERMINATION
These Terms and Conditions shall remain in full force and effect
while you use www.candecourier.com.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND
CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times.
GOVERNING
LAW
These Terms and Conditions and your use of the Site are governed
by and construed in accordance with the laws of Jamaica W.I.
CORRECTIONS
There may be information on www.candecourier.com
that contains typographical errors, inaccuracies, or omissions that may relate
to www.candecourier.com, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on www.candecourier.com
at any time, without prior notice.
DISCLAIMER
THE www.candecourier.com
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF www.candecourier.com
AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH www.candecourier.com AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO www.candecourier.com AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM
www.candecourier.com,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH www.cande courier.com BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA www.candecouier.com. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH www.cande courier.com,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER
DATA
Cande
Courier will not store nor
keep pins, access codes, credit card and debit card numbers.
We will maintain certain data that you transmit to our Site as
well as data relating to your use of the Site for the purpose of managing the
Site.
Although we perform regular routine backups of data, note that
you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken on the Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data and you hereby waive any right of action and
indemnify us against any action arising from any such loss or corruption of
such data.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules
posted by us on www.candecourier.com
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Terms and Conditions
shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent
permissible by law. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasona`ble control.
If any provision or part of a provision of these Terms and
Conditions is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining
provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms and
Conditions or use of www.candecourier.com.
You agree that these Terms and Conditions will not be construed against us by
virtue of having drafted them.
You hereby waive any and all defences you may have based on the
electronic form of these Terms and Conditions and the lack of signing by the
parties hereto to execute these Terms and Conditions.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting www.candecouier.com,
completing online forms and sending us emails constitutes electronic
communications. You consent to receive electronic communications and you
unreservedly agree that all agreements, notices, offers, policies, records of
transactions, disclosures and other communications we provide to you
electronically via email on our Site satisfy any legal requirements that such
communication be in writing.