Terms and Conditions
1.Terms and conditions of use
Welcome to www.thedailyherald.sx. These are our terms and conditions for use of digital publication platforms, which you may access in several ways, including but not limited to the World Wide Web via www.thedailyherald.sx, mobile application thedailyherald or Facebook (Heraldsxm). In these terms and conditions, when we say the "The Daily Herald Site" we mean the digital information platforms operated by or on behalf of The Caribbean Herald N.V. or its parent companies, subsidiaries (collectively “The Daily Herald”) and regardless of how you access the platforms and regardless of entry via third parties. If you access The Daily Herald Site, or otherwise receive services from us, you agree to be bound by these terms and conditions.
2: Subscriptions and billing policy
A subscription is a service we offer by which we give you access to our site/publications in exchange for payment (“Subscription”). You must be at least 18 years old to take a Subscription.
We will process your Subscription promptly, but we do not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription requirements, you are offering to buy a Subscription. Your offer will only be accepted by us and a contract formed after successfully verifying your details, at which point we will provide you with access to your Subscription. We reserve the right to reject any offer at our discretion.
You agree to pay in advance the price at the rate notified to you at the time you take out your Subscription. We may modify the price of any Subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your Subscription and respect the current term of such, implementing the increase only upon expiration and renewal.
In addition to the Subscription fees due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing The Daily
Herald Site. For example, your mobile network operator may charge you for data or roaming services.
If we discover an error in the prices listed on The Daily Herald Site, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled.
3: Renewals and Cancellations
Your Subscription will not automatically renew after the expiration of the Subscription period (e.g. six monthly/annually) unless you renew your Subscription. Upon renewal, we will charge you the current Subscription price.
Your Subscription will only automatically continue if The Daily Herald, due to an Act of God or Force Majeure, such as but not limited to; earthquakes, riots, abnormal business interruptions or hurricanes we are not able not deliver you our services. In that case your Subscription period will be prolonged with the same amount as the number of days you did not receive our services due to the results of an Act of God or a Force Majeure.
You agree that your Subscription will begin as soon as we send you the email confirming your Subscription. You will not be reimbursed if you cancel the Subscription within the active Subscription period.
4: Use of material appearing on The Daily Herald Site
Your use of The Daily Herald Site is for your own personal and non-commercial use only. You acknowledge that, as between The Daily Herald and you, except for user content and advertisements (as discussed below), The Daily Herald is the sole owner of all content on The Daily Herald Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on The Daily Herald Site ("Daily Herald Content"). The Daily Herald Site and The Daily Herald Content are protected by the copyright laws and other intellectual property laws Sint Maarten, the Kingdom of the Netherlands and are protected globally by applicable international copyright treaties.
You may download and print extracts from The Daily Herald Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any The Daily Herald Content for any other purpose without our prior written approval. Except as expressly authorized by The Daily Herald, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on The Daily Herald Site.
5. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in The Daily Herald Content. Nothing in The Daily Herald Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to The Daily Herald Content or any part of it. You can access other sites via links from The Daily Herald Site. These sites are not under our control and we are not responsible in any way for any for their contents.
We give no warranties of any kind concerning The Daily Herald Site or The Daily Herald Content. In particular, we do not warrant that The Daily Herald Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to The Daily Herald Site we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
6: Third party advertising on The Daily Herald Site
You will see advertising material submitted by third parties on The Daily Herald Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy
7: Data protection
We offer you a Personal Account page where you can update your personal information at any time. For our Subscription we request the following personal information from you [see subscription form]. By supplying this information, you give us permission to process the information by the Daily Herald for the purpose of supplying services to you. You furthermore give permission to share your data with third parties, insofar The Daily Herald deems that necessary to provide a certain service to you.
We can access and release your personal information to keep to relevant laws and government requests.
Any other organizations who access your information in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your information and keep to data-protection and privacy laws which apply.
We may use service providers to help us run these sites (or services available on the sites), some of whom may be based outside Sint Maarten.
Some parts of The Daily Herald Site might use plug-ins from other organizations. These other organizations may use information about your visit to our websites on their pages. If you browse these pages while still also logged in to your account with us, information they collect may be connected to your account on their site. For more information on how these organizations use information, please read their privacy policies.
We will not share your personal information with others for marketing purposes unless you have given us your permission.
We will respect your privacy. You should receive marketing (whether by email, post, SMS or telephone) only from us and, if you agree, from other organizations we have carefully chosen. We also may email you occasionally with information or questions about your registration, your subscription account or postings, for example, with reminders, warnings or copyright requests.
We will collect and use individual user details only if we have your permission or we have sensible business reasons for doing so, such as collecting enough information to manage subscriptions.
We will be clear in our dealings with you as to what information about you we will collect and how we will use it.
We will use personal information only for the purposes for which it was originally collected, and we will make sure we delete it securely.
We collect information on you:
• when you register or become a member of The Daily Herald
• when you use the website
• through cookies
8: Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on The Daily Herald. We collect information on you Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use The Daily Herald Site after it has been posted.
9: Governing law & jurisdiction
You agree to defend, indemnify, and hold harmless The Daily Herald, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy
policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.
These terms and conditions are governed by the laws of Sint Maarten and the parties agree to submit to the exclusive jurisdiction of the Court of First Instance of Sint Maarten, notwithstanding the right to appeal.
Before you or the Daily Herald will try to seek remedy from the court in case there is any dispute about your Subscription or about the services of The Daily Herald, you and representatives of The Daily Herald and if desired by you or The Daily Herald with your legal advisors or the legal advisers of The Daily Herald will hold a meeting here at our office wherein you and The Daily Herald will try to resolve any dispute.
10: No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of The Daily Herald.