This Terms and Conditions was last updated on the 25th September 2020.
1.0 INTRODUCTION
1.1 These Terms and Conditions shall govern Your use of Our website.
1.2 By using this Website, You accept these Terms and Conditions in full; accordingly, if You do not agree, You must not use Our Website.
1.3 These Terms and Conditions of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content.
1.4 As long as You comply with these Terms and Conditions of Use, the National Trust grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Our Website excluding such areas designated for Members only.
1.5 We reserve the right, at Our sole discretion and without notice, to update, change or replace any part of these Terms and Conditions of Use by posting updates and changes to Our Website. It is Your responsibility to check Our Website periodically for changes. Your continued use of or access to Our Website following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of all subsequent changes to Our Website.
2.0 DEFINITIONS
Certain words have the given meaning below:
‘Content’ means all text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code that appear on Our Website as well as the design, look and feel of the Website itself.
‘Intellectual Property Rights’ mean rights in patents, designs, copyright and trade marks.
‘Member’ and ‘Membership’ refer to a financial member of a membership class as defined in the National Trust of Trinidad and Tobago Act Chap. 40:53 and its Rules.
‘National Trust’ means the National Trust of Trinidad and Tobago, a membership-based organisation established by the National Trust of Trinidad and Tobago Act Chap. 40:53 with its business address at Mille Fleurs, 23 Maraval Road, St Clair, Port of Spain, Republic of Trinidad and Tobago.
‘Personal Information’ means the information that You provide in Your Membership Application Form that We obtain from You and that We have regarding the progress of Your application if any as well as Your National Trust account information provided to the online shop. The National Trust will not capture or store banking and credit card information of users. You may request a change to Your Personal Information by contacting Our Membership department at info@nationaltrust.tt.
‘We’, ‘Us’, ‘Our’ refers to the National Trust of Trinidad and Tobago.
‘Website’ means the website of the National Trust of Trinidad and Tobago.
‘You’ and ‘Your’ means the person entering this agreement by accessing this Website.
3.0 INTELLECTUAL PROPERTY
3.1 Our Website and Intellectual Property Rights in the Content are owned by or are licensed to Us.
3.2 Certain names, words, images, or logos identifying Us, and the products and services featured in Our Website are the trade marks of the National Trust.
3.3 Certain names and logos of third parties mentioned in the Website may be the trade marks of third parties and this Content is used with the permission of these third parties.
3.4 Subject to the express provisions of these Terms and Conditions:
(a) We, together with our licensors, own and control all the copyright and intellectual property rights and the Content on Our Website.
(b) all the copyright and other intellectual property rights in Our Website and the material on Our Website are reserved.
3.5 Except as expressly provided in these Terms and Conditions of Use, no part of this Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the National Trust. No other use (including, without limitation, the alteration, deletion, utilisation, or extraction) of the Content and materials featured on the Website is permitted without Our written permission.
4.0 Licence to use Our Website
4.1 You may:
(a) view pages from Our Website in a web browser;
(b) download pages from Our Website;
(c) print pages from Our Website;
(d) stream audio and video files from Our Website;
(e) use Our Website by means of a web browser, subject to the other provisions of these
Terms and Conditions of Use;
(f) pay for products, Membership subscriptions or enrolment in events and activities.
4.2 You may only use Our Website for Your own personal reference.
4.3 Unless You own or control the relevant rights in the Content, You must not:
(a) republish Content from Our Website without expressly referring to Our Website and authorship.
(b) exploit material in Our Website for a commercial purpose, including the linking of Our Website for a commercial purpose without receiving prior written permission from Us.
5.0 PROHIBITED USES
5.1 You must not or solicit others to :
(a) use Our Website or to violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right.
(b) use Our Website to post libellous or otherwise unlawful, abusive, immoral or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Our Website or any other related website. This includes but is not limited to the transmission of any worms or viruses or any code of a destructive nature to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(c) use Our Website in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(d) use data collected from Our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing, or direct mailing).
(e) use Our Website to spam, phish, pharm, pretext, spider, crawl, or scrape;
(f) use Our Website to post false and misleading information including but not limited to the use of a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You must ensure that all the information you supply to us through Our Website, or in relation to Our Website, is true, accurate, current, complete, and non-misleading. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party.
(g) interfere with or circumvent the security features of Our Website or any related website, other websites, or the Internet.
6.0 DISCLAIMER OF WARRANTIES AND EXCLUSIONS OF LIABILITY
6.1 We do not warrant or represent:
- the completeness or accuracy of the information published on Our Website or that they will be corrected or that Your use of the site will provide specific results;
- that the Content is up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information;
- that files or other data You download from the Website will be free of viruses or contamination or destructive features;
- That the Website or any service on the website will remain available.
6.2 You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and products delivered to You through the Website are (except as expressly stated by Us) provided ‘as is’ and ‘as available’ for Your use. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.
6.3 We disclaim all liability for the acts, omissions and conduct of any third parties in connection with or related to Your use of the Website and/or any of its services or Content. You assume total responsibility for Your use of the Website and any sites linked thereto.
6.4 This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
6.5 We reserve the right to do any of the following, at Our sole discretion and at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; (3) to modify the Content of the Website and; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance or error correction. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services and products, or if We stop publishing the Website.
6.6 We reserve the right at Our sole discretion and without notice to monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.
6.7 You agree that the National Trust may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
6.8 You are wholly and solely responsible for your equipment, connectivity to the Website and all charges incurred when accessing Our Website.
6.9 You agree that We will not be liable to You or to any third party for termination of your access to the Website arising from any violation of these Terms and Conditions of Use.
6.10 In no case shall the National Trust, its Council members, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from use of the Website including the products and services therein, or any other claim related in any way to Your use of the Website, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
6.11 Your sole remedy against the National Trust for dissatisfaction with the Website or any Content therein is to stop using the Website or any such Content.
7.0 BREACH
7.1 You agree that the National Trust may, in Our sole discretion and without prior notice, terminate Your access to the Website and/or block Your future access to the Website if We determine that You have violated or encouraged others to violate these Terms and Conditions of Use.
7.2 Without prejudice to Our other rights under these Terms and Conditions of Use, if You breach these Terms and Conditions in anyway, or if We reasonably suspect that You have breached these Terms and Conditions in any way or have solicited that others breach these Terms and Conditions, We may in Our sole discretion and without notice:
(a) temporarily suspend Your access to Our Website;
(b) permanently prohibit You from accessing Our Website;
(d) suspend or delete Your account on Our Website.
8.0 ONLINE STORE TERMS
8.1 All online purchases transacted on Our Website with a credit card, bank card or direct bank transfer shall be conducted solely by the named holder(s) of such credit card, bank card or bank account. All taxes and transaction/service fees incurred in respect of such online purchases shall be disclosed prior to the transaction.
8.2 Prices for products advertised on Our Website are subject to change without notice.
8.3 We reserve the right at any time to modify or discontinue the online store on our Website (or any part or content thereof) without notice at any time.
8.4 We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the online store.
8.5 Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to the Return and Exchange policy.
8.6 We have made every effort to display as accurately as possible the colours and images of products that appear in the online store. We cannot guarantee that Your computer monitor’s display of any colour will be accurate.
8.7 We reserve the right, but are not obligated, to limit the sales of the products or services that We offer on Our Website. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
8.8 All descriptions of products or product pricing are subject to change at any time without notice and at the Our sole discretion.
8.9 We reserve the right to discontinue any product at any time.
8.10 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors on the Website will be corrected.
8.11 In the event that We make a change to or cancel an order placed in our online store, We will notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
8.12 You agree to provide current, complete, and accurate information for all transactions at Our online store. You agree to promptly inform Us of any changes in billing, shipping as well as contact information to effect delivery, where necessary.
9.0 THIRD PARTY TOOLS, CONTENT AND LINKS
9.1 We may provide You with access to third party tools such as the WiPay payment portal, over which We neither monitor nor have any control nor input.
9.2 You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third party tools.
9.3 We shall not be responsible for any loss or damage (including, but not limited to, any direct, indirect, special, incidental or consequential damage (including the loss of profit) relating to the products and services of third parties that are featured in or linked to Our website. Any use by You of tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4 We may also, in the future, offer new services, products and/or features through the Website (including, the release of new tools and resources). Such new products, features and/or services shall also be subject to these Terms and Conditions of Use.
9.5 Certain content, products, and services available via Our Website may include materials from third parties. Third party links on Our Website may direct You to third party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third party materials or websites or links, or for any other materials, products, or services of third parties.
9.6 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
10.0 PERSONAL INFORMATION AND PRIVACY POLICY
10.1 Personal Information will be stored by and may be used by Us to enable Us to develop, improve and market Our products and services to You and other customers/Members of the National Trust. In some circumstances, more specific consent is required from You and these matters will be clearly raised in any application form or registration process posted on Our Website.
10.2 We use ‘cookies’ to store certain types of information each time You interact with Us. Cookies enable our system to recognise Your computer and allow Us to see how You use the Site and which third party sites You access before and after accessing Our Website. You may consult our Cookies Policy for further information.
10.3 Your submission of Personal Information on Our Website is governed by Our Privacy Policy subject to the laws of the Republic of Trinidad and Tobago.
10.4 You understand that your Personal Information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and other banking information is always encrypted during transfer over networks and We do not have access to this information.
10.5 You acknowledge and agree that the National Trust of Trinidad and Tobago may preserve any transmittal or communication by You with Us through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or if the National Trust determines that such preservation or disclosure is reasonably necessary to: (1) comply with a legal process; (2) enforce these Terms and Conditions of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of the National Trust, its employees, users of or visitors to the Website, and the public.
11.0 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If You send certain specific submissions (for example contest entries) with or without a request from Us or if You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
11.2 Any feedback you provide on this Website shall be deemed to be non-confidential. The National Trust shall be free to use such information on an unrestricted basis.
12.0 INDEMNIFICATION
You agree to indemnify, defend and hold harmless the National Trust, its client Ministry, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms and Conditions of Use or the documents they incorporate by reference, or Your violation of any law or the rights of a third party.
13.0 SEVERABILITY
In the event that any provision of these Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.0 ENTIRE AGREEMENT
14.1 If We do not enforce any right or provision of these Terms and Conditions of Use, that does not constitute a waiver of such right or provision in the future.
14.2 These Terms and Conditions of Use and any policies or operating rules posted by Us on this site or in respect of its use, products and services constitute the entire agreement and understanding between You and Us and govern Your use of Our Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms and Conditions of Use of the Website).
14.3 Any ambiguities in the interpretation of these Terms and Conditions of Use shall not be construed against Us.
15.0 GOVERNING LAW
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago.
The information contained in this web site is subject to change without notice.
Copyright © 2020 National Trust of Trinidad and Tobago. All rights reserved.
If you have any questions about the Terms and Conditions of use You may submit questions to Us at info@nationaltrust.tt
