Terms & Conditions
Welcome to our Terms & Conditions
Please read these terms and conditions carefully before using Our Services.
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Company (referred to as either "the Company", "We", "Us" or "Our", in this Agreement) refers to Native Financial Services.
- Country refers to Jamaica
- Service refers to the Website.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Native Financial Services, accessible from "nativefinancials.com", "https://nativefinancials.com" or "my.nativefinancials.com" or "https://my.nativefinancials.com"
- You mean the individual accessing or using the Service or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of this Service may also be subject to other local, state, national, or international laws.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers or Affiliates under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company, suppliers or its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company, suppliers or its Affiliates has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In any case, the jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In this case, each party's liability will be limited to the greatest extent permitted by law.
Service "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, hardware, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's Affiliates makes any representation or warranty of any kind, express or implied:
- That the Service will be uninterrupted or error-free
- As to the operation or availability of the Service, or the information, content, and materials or products included thereon
- As to the accuracy, reliability, or currency of any information or content provided through the Service
- That the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components, although We will do our very best to protect our devices from unwanted/harmful components as listed above.
In any case, the jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
Terms and Conditions Changes
Although most changes are likely to be very minor, We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We encourage our visitors to frequently check this page for any changes to Our Terms and Condition. Your continued use of this website after any change in this Terms and Conditions will constitute Your acceptance of such changes. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Native Financial Services
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