These are the terms and conditions of use (Terms) for (website here) (Site). The Site is operated by Toute Bagai Publishing (we, us and our). We are a limited company, registered in Trinidad & Barbados. Our company registration number in Trinidad is T-3008 (95). Our company registration number in Barbados is 22057. Our registered office in Trinidad is at 26 Kelly Kenny Street, Woodbrook, Port-of-Spain, Trinidad. Our registered office in Barbados is 19 Vista Villas, Worthing, Christ Church. Our VAT registration number in Trinidad is 117450. Our VAT registration number in Barbados is 20220576.
By using this Site you are agreeing to comply with and be bound by the following Terms. Please be aware that as the Site continues to develop we may add new services and features to our Site. In the event that these additions affect our Terms these may be amended as appropriate. We reserve the right to modify or replace these Terms at any time. Any change shall be effective as it appears on the Site. Each time you continue to use the Site, you will be deemed to have accepted any changes to the Terms. These terms and conditions were lat updated on 12 June 2015.
Access to the Site
It is your responsibility to ensure your computer system meets and is compatible with, all the necessary technical specifications to enable you to access and use the Site. We may, from time to time, restrict access to certain features, parts or content of the Site, to users who have registered with us.
Our goal is to minimise disruption caused by technical errors, however we cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
We are not responsible if you cannot access our Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
We do not presently charge for your access to any areas of our Site but we may do so in the future and we will let you know if that happens.
To register for access to those areas of the Site which may be restricted from time to time (for example, any community areas of the Site) you must be aged 18 years of age or over (or any other higher minimum legal age required in your country of residence).
Only one registration per person is allowed. Corporate or joint accounts are not permitted. You are required to provide us with accurate registration details and to keep your account information up to date.
When registering for an account, you must use an email address which gives you frequent access to emails sent to that address, as we may need to contact you occasionally. We will send an email to this email address which you must click on in order to activate your account. You must keep your log-in ID and password confidential at all times.
When registering for an account on the Site, you must not:
Impersonate or try to impersonate another person;
Disclose your password to anyone else;
Allow anyone else use of your account;
Use anyone else’s account; or
Provide us with any false or misleading information.
You are responsible for all activity which occurs under your log-in ID, and all use of the Site under your log-in ID will be treated as use by you. If you believe that someone else may have access to, or may be using your log-in ID or password, you must notify us immediately emailing us via the Contact Us page.
We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
What you are allowed to do
You may only use the Site for personal and non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
store pages of the Site on a server or other storage device connected to a network or to the internet, or to create an electronic database by systematically downloading and storing all of the pages of the Site; or remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
You agree that by submitting any posting, images or other content for publication on the Site (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licenceable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis (including, without limitation, all directory listings) and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check any information on the Site and exercise your own judgement before acting upon any of the information available to you on the Site.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
Whilst we try to ensure that the pricing of any third party products or services listed on our Site are accurate at all times, the relevant third parties may make changes to such products or services at any time. You are strongly recommended to review any website terms and conditions of the third party before purchasing any products or services or relying upon any other information contained in them.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
From time to time we may place third party advertisements on the Site. Any dealings you may have with any third parties who place advertisements on our Site is entirely at your own risk.
Your personal information
Moderation of community
The Site and the community are positive and respectful forums, intended to showcase the best of the Caribbean, where you are welcome to express your views and experiences of the Caribbean. We and our third party affiliates welcome any positive, negative or constructive feedback that you might have from your experiences and stay in the Caribbean. We would like to hear about anything you particularly enjoyed or about any problems with your stay. If you have inappropriate or offensive comments to make about any products, services or affiliates which you have experienced, please do not use the Site or community to do this.
We would like Your Content to help others form a view about particular characteristics of a location, product, service or affiliate you experienced. Please bear this in mind when you submit Your Content, and make your reviews, comments and ratings. Please also remember that you are legally responsible for Your Content.
All content submitted to the Site or the community is subject to pre-moderation by us. This means that we may review all content to check whether it is suitable to be published on the Site before it is posted. We will only post content if it complies with these terms and conditions and respects the quality, decorum and objectives of the Site.
We reserve the right, at our sole discretion to publish, check, edit or remove all elements of Your Content, including, without limitation, ratings, reviews, comments, photographs or other information and material which you submit to us. This right includes us being able to make changes to spelling, grammar and syntax. We are not obliged to do any of these things and we may not. We check, monitor, review and moderate all user ratings, comments or reviews and such content will only be uploaded to the Site once it has been approved by our moderator.We reserve the right, at our sole discretion to refuse to publish any of Your Content if we believe that such content is not suitable for the Site or does not comply with the requirements of these Terms. Your Content – what we are allowed to do with it
We can (without limitation): continue to publish all or part of your content, including your comments, ratings, photos, screen name and country, even if you change your mind and want us to remove it;
remove your content, even if you have not breached these Terms; use all or part of your content in promoting our Site and third party, products and services to which your content relate (e.g. we may use your content in our advertising and other publications promoting the subjects of your content); edit your content at our discretion, which may result in a part of it being modified and displayed, including without your name.
You agree that by submitting Your Content you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licenceable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
Your Content – submission guidelines
If you submit any comments for publication about third party products or services, please give your honest opinion about the product(s) or service(s) based on your experience.
Once your review is online, everyone with internet access can read it. Please make sure your comments are clear to ensure that they are not misunderstood and that they are as useful as possible to other users of the Site and the community. Your comments may be rated by other users and categorised e.g. best and worst rated. You can express a strong opinion but please do not go over the top. Don’t forget that you are legally responsible for what you submit. Please consider how your comments could be received by others. Many different types of people of different ages may view your comments.
Please be polite. Do not use swear words or crude or sexual language. Only English is allowed as the language for your postings. Keep your submissions relevant. Do not insult other contributions or discuss the non-appearance or removal of any content. Please respect people’s privacy.
Your Content – what you are not allowed to do
You must not submit any material that:
is:libellous, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing or racist; a breach of confidentiality or someone’s privacy (for example, you must not submit the name, telephone number, email address or other contact details of any person); indecent, obscene or of a sexual nature;
You must not include links to any websites or webpages.
You must not try to circumvent (i.e. get around) any protections we put in place for the security and operation of this Site.
You must not re-submit content which you are aware has been removed.
If you see something which you reasonably believe breaches these Terms, please use the ‘Contact Us‘ facility. Please do not report a review just because you disagree with what it says.
Booking enquiries and reservations
We provide a booking enquiry form on the Site to facilitate direct contact between you and any third party providers listed on the Site.
We have no direct involvement in any bookings made by you with a third party provider prompted by use of our Site. We pass on your booking enquiry form to third party providers and do not act as agents during the booking process. We are not paid any commission for any referrals made to third party providers through use of our booking enquiry form on our Site.
From time to time, we may provide links to third party booking engines on the Site to facilitate direct bookings with third party providers. In such circumstances where bookings are made, we may receive commission or referral fee on any bookings made through use of this functionality.
The Site may, from time to time, contain recommendations on particular products or services listed. These recommendations represent those views held by independent journalists and/or our writers. We accept no responsibility for any product or service you subsequently purchase due to a reliance on any of our recommendations, whether facilitated through use of our Site or otherwise.
We have photographs and details of properties for rent or sale through a third party on the Site. No property information constitutes part of an offer or contract. Property information including text, photographs and plans are examples of what may be available to prospective purchasers through the third parties and must not be relied upon as statements of fact.
The Site contains links to external third party websites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with such operators, content or opinions.
You irrevocably agree to indemnify us, and keep us indemnified, from and against any and all actions, claims, proceedings, costs, losses and damages suffered or incurred by us arising out of your use of this Site.
Our liability to you
The information contained on the Site is for information purposes only and may not be accurate or contain all relevant facts. You should check any information or recommendations on the Site and exercise your own judgement before acting upon any of the information available to you on the Site. We give no warranties of any kind in relation to the Site or its contents.
We are not liable for:
(a) any dealings or losses you may have incurred in the course of dealings with third parties (including, but not limited to other users, advertisers, retailers, promoters, partners, providers, products or services) that take place using our Site, including through use of our booking facility or due to recommendations contained on the Site. We will not be responsible or liable for any bookings you make with any third party providers (including, without limitation insurance, accommodation, travel or car rental providers) as a result of your use of this Site. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party;
(b) if you are using this Site as a consumer, any losses which: (i) are not a foreseeable or likely result of your use of the Site; (ii) arise as a result of your unauthorised use of the Site (including without limitation any breach by you of these Terms); or (iii) were not caused by our breach of these Terms;
(c) if you are using this Site as a business any: (i) loss of business; (ii) loss of profits; (iii) loss of revenue; (iv) loss of anticipated savings; (v) other loss connected with your trade, business or profession; or (vi) indirect, consequential or special loss or damage.
To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.You should always seek independent professional advice before purchasing any of the products or services listed which are prompted by your visit to the Site or information you have been provided with from us that might have financial or legal implications.
Governing law and jurisdiction
Irrespective or where you access the Site, these Terms and your access and use of the Site shall be governed by Trinidadian and Barbadian law, and you agree that any dispute between us regarding the Terms or the Site will be dealt with by the Trinidadian and Barbadian courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
We make no representations that materials or information on this Site are appropriate or available for use in locations outside the Trinidad and Barbados. Access to the Site from territories where its contents are illegal or unlawful is expressly prohibited. If you choose to access this Site from outside the Trinidad and Barbados, you do so of your own accord and are responsible for compliance with local laws.
Please submit any questions you have about these Terms or any problems concerning the Site via the Contact Us page on the Site.