Terms and conditions of service

It is important that you read these terms and conditions of use carefully before using this site (the ‘Site’) and/or any Savy Savers product or service accessible by way of this site. By visiting or using this site you confirm that you have read and understood these terms and conditions and that you agree to be bound by them, and you acknowledge that such agreement constitutes a binding contract between you and Jamaica Travel Savers Limited (‘Savy Savers’). If you do not agree to these terms and conditions, you are not authorised to use the Savy Savers products and services offered by way of this site. Savy Savers reserves the right, at its discretion, to update or revise these terms and conditions of use. You must check these terms and conditions periodically for revisions and updates. Your continued use of this site after the posting of changes to the terms of use constitutes acceptance of those changes.

1. Permitted Uses

The Site provides an interactive online service operated by Savy Savers, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making discount cards or vouchers for Merchant goods and services (“vouchers”) available to its users. Vouchers may be obtained by Savy Savers account holders and redeemed for goods and services from the participating Merchants subject to the Terms and Conditions set forth below. As a condition of your use of this Site, you agree that:

  • You possess the authority to create a binding legal obligation;
  • Your use of this Site will at all times comply with the terms of this Agreement;
  • If you elect to create an account:
    • You may create only one account for your personal use;
    • You must comply with the letter and spirit of the terms of the respective offers;
    • You must only engage on the Site for your own use and enjoyment, or, when offered, as a gift for another;
    • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
    • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

2. General

This site is operated by Savy Savers. Savy Savers has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site (the “Site”).

Savy Savers suggests that you review the Savy Savers Privacy Policy as linked on the Site, which applies to the information collected by Savy Savers during your visit and use of the Site.

Many if not most communications between Savy Savers and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and Savy Savers electronically shall satisfy any legal requirements that such communications be in writing including but not limited to the requirements of any current or future regulations or legislation.

3. Restrictions on Use

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, graphics (the “Content”). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of Savy Savers and/or its affiliates and are protected by copyright, trademark and other applicable intellectual property laws.

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Savy Savers or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or byusing the Site.

Savy Savers offers you access to the Site and to the Content available on the Site solely for your own information purposes. Unless otherwise agreed with Savy Savers in writing, you may not resell or make any commercial use of the Site or the Content.

You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by Savy Savers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Savy Savers or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Savy Savers name or trademarks without the express written consent of Savy Savers.

Systematic retrieval of the Content or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Savy Savers is strictly prohibited.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site.

Illegal and/or unauthorized uses of this Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the Content, will be investigated and appropriate legal action will be taken, including without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions.

4. Terms of Engagement

Vouchers you obtain from us are special promotional offers of participating Merchants. The vouchers are redeemable for discounts on certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant contracts directly with you and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Savy Savers and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

By obtaining any voucher from us you agree to the terms of this Agreement and these Terms and Conditions, the terms on the voucher itself and any additional, deal specific terms advertising the voucher. These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control.

Savy Savers is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of all relevant goods/service offers.

5. Disclaimer of Warranty; Limitation/Exclusion of Liability.

You expressly agree that use of the site is at your sole risk. Neither Savy Savers, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service, or materials provided through the site.

The site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties relating to any of the goods or services about which information is posted on this site. This exclusion of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration or, use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action to the maximum lawful extent. You specifically acknowledge that Savy Savers is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

In no event will Savy Savers, or any person or entity involved in creating, producing, or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site.

Save in relation to personal injury or death caused by negligence, in no event shall SavySavers’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site or obtaining any reports or other information from this web site.

6. Indemnification

You agree to defend, indemnify, and hold harmless Savy Savers and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or any information you obtain from the Site or its reports.

7. Trademarks and Patents.

All trademarks and service marks of Savy Savers and its subsidiaries or affiliates displayed on the Site are subject to local and/or international trademark protection. Unless expressly authorized by Savy Savers, you may not use its trademarks or service marks with any product or service that is not provided by Savy Savers, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit Savy Savers. All other trademarks appearing on the Site are the property of their respective owners, including third-party providers of products and services with links to and from the Site.

8. License Grant.

By posting Statements or other information on or through the Savy Savers website, social media groups and communities, you grant Savy Savers a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

9. Third Party Content.

Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Savy Savers.
The Site may contain links to third party web sites with which Savy Savers has linking arrangements but for which it does not maintain control or assume responsibility. The inclusion of such a link does not necessarily imply endorsement of such sites by Savy Savers or any association with the operators of such linked sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, Savy Savers recommends that you review these sites’ terms of use and privacy policies.

10. Reviews, Comments, Communications, and other Content.

Where Savy Savers provides a forum for Savy Savers users to post comments the user warrants that it will not post comments or material which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” The user further warrants that it will not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Savy Savers reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.

If you do post content or submit material to Savy Savers, and unless Savy Savers indicates otherwise, you grant Savy Savers and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Savy Savers or its affiliates for all claims resulting from content you supply. Savy Savers has the right but not the obligation to monitor and edit or remove any activity or content. Savy Savers takes no responsibility and assumes no liability for any content posted by you or any third party.

11. Viruses.

Savy Savers assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

12. Business Associates.

The business associates of Savy Savers identified on the Site, if any, are independent contractors of Savy Savers. The business associates are not joint ventures or partners of Savy Savers. No employee or representative of the business associates is under the control of Savy Savers or has authority to make representations on SavySavers’s behalf.

13. Changed Terms.

Savy Savers has the right at any time to change or modify the terms and conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

14. Miscellaneous.

These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of Jamaica and you agree that any action related to these terms and conditions of use must be brought in the Jamaican Courts. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions hereof and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.