Mycaribbea Home’s Terms and Conditions
In Mycaribbea Home’s users Terms and Conditions, the following definitions shall apply:
Welcome to Mycaribbeahome.net
“Agent” means an estate agent, lettings agent and/or commercial property agent;
“Business Day” means a day from Monday – Friday, excluding bank;
“Business Hours” means between the hours of 8:30am to 5:30pm (GMT) on a Business Day;
“Content” means any content and materials made available by, on behalf or on the instruction of, users to My Caribbean Home published in various formats, such as, website, social media, leaflets etc., and becomes our intellectual property rights,
“Contract” or “Agreement” means a contract for Services between My Caribbean Home and service users;
“Data Subject” is defined in the Data Protection Legislation;
“Developer” means a property developer, agencies which act on behalf of a property developer, NGO, charity or agencies which operate within the healthcare property market and all other agencies or companies;
“Development” means a newly built property, or a newly converted building where there has been a change of use from something other than residential usage, which carries some form of new build warranty and be classed as ‘new’ for mortgage purposes;
“Fees” means the amounts due to My Caribbean Home by the service user arising out of a transaction or contractual obligation;
“Force Majeure Event” means an Act of God; war; riot, civil commotion; strike, lockout or other labour disturbance (not including those involving the party’s employees); or any other circumstances beyond the control of the party seeking to invoke Force Majeure which include outbreak of epidemics and infectious diseases such as plagues, quarantine restrictions or restrictions against entry into any country where services or materials are being obtained or delivered and which operate to frustrate the Contract;
“Lead” means either an email or telephone call received by the service user from any person who has contacted the service user using the contact form or contact details supplied on this Website(s);
“Lead Content” means any data or information generated by or resulting from the activities of a Lead;
“Logo” means the Mycaribbeanhome logo or any other logo by mycaribbeanhome;
“Marketing Materials” means the marketing materials provided to the service user from Mycaribbeanhome for the purpose of promoting the Services;
“Minimum Term” any minimum order period or term (other than the Initial Term or Renewal Term) for Services as set out in a Services Agreement form;
“Personal Data” is defined by the Data Protection Legislation;
“Photograph Content” means any Content in a photograph format;
“Photograph Content Criteria” means the Photograph Content criteria notified to the service user from time to time;
“Processor” is defined in the Data Protection Legislation;
“Relevant Requirements” means all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including the Bribery Act 2010;
“Service User” means the landlord, developer, home owner or license representative who set up an account on our website or mobile app;
“Services” means the services to be provided by Mycaribbeanhome as set out in the Order Form and which may include any, or a combination, of the following:
- a process facilitating the upload by the users of property details (including images) to the Website(s);
- displaying the User’s properties on the Website(s);
- providing the User with a listing within the agent directory on the Website(s);
- providing Leads to the User;
- providing advertising services to the User;
- providing reports and access to reporting tools to the User and
“Start Date” means a start date for the Contract as may be specified in the Order Form;
“Unique User” means a uniquely identifiable visitor to the Website(s) within any calendar month;
“Upload Systems” means any system made available by Mycaribbeanhome to the Service user to facilitate the supply of Content to the Website(s);
“Video Content” means any audio-visual multimedia Content in a video format;
“Video Content Criteria” means the Video Content criteria notified to the Service User from time to time;
Overview (Website , Services, Fees, Liability , )
“Website(s)” means any mobile application, the website located at www.mycaribbeanhome.net and .co.uk any other website whose domain is owned or controlled or powered by mycaribbeanhome may determine and via which Services are provided;
- The Contract shall be between Mycaribbean Home and the Service User and shall comprise the Order Form, these Service User Terms and Conditions and any relevant Product Specific Terms and Conditions to which the Service User is subject which, together, shall constitute the entire agreement between the parties to the exclusion of all previous terms and conditions (whether between the Service User and Mycaribbean Home or the Service User and another Group Company) and all other terms and conditions (including any which the Service User purports to apply under any purchase order, confirmation of order or other document). Each party acknowledges that, in entering into the Contract, it does not rely on anything that is not set out in the Order Form, these Service User Terms and Conditions and any relevant Product Specific Terms and Conditions.
- In the event of any conflict between these Service User Terms and Conditions and the Order Form, these Service User Terms and Conditions shall prevail and in the event of any conflict between these Service User Terms and Conditions and any Product Specific Terms and Conditions, these Service User Terms and Conditions shall prevail save where they relate to a matter pertaining to Services to which any relevant Product Specific Terms and Conditions relate whereupon such Product Specific Terms and Conditions shall prevail.
- All Contracts between Mycaribbean Home (or any Group Company) and a Service User shall be governed by these Service User Terms and Conditions and any relevant Product Specific Terms and Conditions and any variation thereof shall have no effect unless expressly agreed in writing and signed by Mycaribbean Home.
- From time to time, Mycaribbean Home may amend these Service User Terms and Conditions and any Product Specific Terms and Conditions and reserves the right to do so in its absolute discretion, acting reasonably, at any time. Any changes will be posted on the Website(s).
- Mycaribbean Home reserves the right to reject any Order Form and/or refuse to enter into a Contract or provide any Services to a third party at its absolute discretion, including where it believes:
- that party is not providing the services of an Agent, Online Agent or Developer (as determined by Mycaribbean Home’s advertising criteria); or
- that the quality of its Content is not or will not be of a professional standard commensurate with that of its Service Users generally.
- Subject to these Service User Terms and Conditions and any relevant Product Specific Terms and Conditions, Mycaribbean Home (or any Group Company as Mycaribbean Home may determine) will provide the Service User with the Services in accordance with the Order Form.
- Mycaribbean Home may vary the Services from time to time at its absolute discretion and the Service User shall be notified of any such variations where necessary. Any changes will be posted on the Website(s). click to continue