Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

BACKGROUND

ISupportJamaica.com is a registered Website (referred to as the “Website” or “Site”) owned and operated by the Jamaica National Small Business Loan Limited (“JNSBL”).

JNSBL believes fully in the spirit and innovativeness of Jamaicans and is committed to delivering affordable credit in a timely manner to assist entrepreneurs who have limited access to credit from traditional banking sources to achieve their potential. Using the most modern and cutting edge technology, as well as best practices, to promote accessibility and efficiency, JNSBL has, since the year 2000, transformed the lives of thousands of Jamaicans by driving the creation and maintenance of thousands of jobs through the disbursement of loans valued at billions of dollars.

DEFINITIONS

The term "JNSBL” or "us" or "we" or “our” refers to Jamaica National Small Business Limited. The term "you” or “your” refers to the user or viewer of the Website. Words denoting one gender include all other genders. In these Terms, we refer to those raising funds as "Project Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Donors" and to the funds they contribute as "Donations." Project Owners, Donors and other visitors to the website are referred to collectively as "Users’.

TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it) outlines the terms of use on which you may make use of the Website in any capacity. Use of our Site includes accessing, browsing, transacting business, using or registering to use our Site; whether or not you participate in ISupportJamaica.com Programme (“the Programme") by providing a donation or otherwise use the Website (in each such capacity, a "User").

If you wish to become a Donor or otherwise become a User of the Website, you must comply with all the terms and conditions herein and all terms and conditions referred to in this Agreement.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to be bound by and comply with them and any other document incorporated by reference.

If you do not agree to these terms of use, you must not use our Site.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.

Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice.   We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

YOUR ACCOUNT AND PASSWORD

USER ACCOUNTS

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful.

Each User also agrees to provide additional information ISupportJamaica may reasonably request and to answer truthfully and completely any questions ISupportJamaica might ask you in order to verify such User's identity.

Once you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ISupportJamaica@jnbs.com.

LICENCE TO USERS

ISupportJamaica grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.

HOW ISUPPORTJAMAICA WORKS

ISupportJamaica is an online crowdfunding website for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Project Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Donors. Perks are not offered for sale. ISupportJamaica makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Donation or the truth or accuracy of User Content (as defined below) posted on the Services.

ISupportJamaica does not represent that Project Owners will deliver Perks or that Donations will be used as described in the Campaign. Users use the Services at their own risk.

PROHIBITED CAMPAIGNS

Project Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do a task deemed impossible by reasonable persons, do not post it. Posting same may result in the Project Owner being blacklisted by JNSBL.

Users must comply with all applicable laws, regulations and industry benchmarks in connection with their Campaigns, including offering Perks and using Donations.

Project Owners shall not make any false or misleading statements in connection with their Campaigns.  Such assertions may result in the Project Owner being blacklisted by JNSBL.

PROHIBITED PERKS

Project Owners are not permitted to offer or provide any of the following as a Perk:

  • any form of "security" any form of financial incentive or participation in any profit sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.
  • Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion").

COMMUNITY GUIDELINES

ISupportJamaicais not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.  Accordingly, you covenant not to:

  • use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
  • spam the comments sections or other Users with offers of goods and services or inappropriate messages;
  • engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
  • take any action that imposes, in ISupportJamaica’s sole discretion, an unreasonable load on ISupportJamaica's infrastructure.
  • represent products created by others as your own creation, or act as a reseller of other’s products.

ISupportJamaica reserves the right to remove Campaigns and terminate User Accounts for such activities.

INTELLECTUAL PROPERTY RIGHTS

SHARING YOUR INFORMATION

You agree that the JNSBL and the owners of the ISupportJamaica.com website will own and possess the data that you provide in connection with your donation. The JNSBL and the owner of the Website agree that they will not disclose or sell your personal information to third parties.

You acknowledge, consent and agree that the JNSBL and the Owner of the Website may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise counter fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property or safety of the Website, the JNSBL, its users and the general public.

By default, you may receive periodic newsletter emails from the JNSBL or the owners of the Website. The frequency of these newsletters may vary. You can choose not to receive these newsletters through a preference on the Website.

Save and except as provided herein, the JNSBL will not disclose your personally identifiable activity to any third party without your consent. The JNSBL reserves the right to record and display projects details, testimonials and the like on the Website and display the general regions where project beneficiaries are located.

BETA SERVICES

We sometimes release products and features that we are still testing and evaluating. Those have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other services on the Site.

OUR INFORMATION

The Site is protected by copyright, trademark, and other Jamaican and foreign laws. These Terms do not grant you any right, title or interest in the Site, others’ content in the Site, JNSBL and/or ISupportJamaicatrademarks, logos and other brand features.

THE JNSBLS’ INTELLECTUAL PROPERTY

You acknowledge that the ISupportJamica.com service provided hereunder, including but not limited to the content of this Website, text, graphics, links, buttons, logos, and images, as well as all other copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by JNSBL ("ISupportJamaica.com Intellectual Property").

You agree not to display, use, copy, or modify ISupportJamaica.com Intellectual Property in any manner, without written authorization. You are authorized solely to view and retain a copy of the pages of this Website for your own personal, non-commercial use.

You further agree not to: (a) use any robot, spider, scraper or other automated device to access the Website or (b) remove or alter any author, trademark or other proprietary notice or legend displayed on this Website (or printed pages thereof).

Any use, copying or reproduction of the JNSBL’s trademarks or logos contained in this site, without prior written permission of the JNSBL is strictly prohibited.

The JNSBL is not responsible, and shall have no liability, for any incorrect or inaccurate Content posted on the Website or any liability, cost or expense you may incur in connection with the Programme, whether caused by any User, the JNSBL’s Officers, Project Sponsors or other person or by any of the equipment or programming associated with or utilized in the Programme. The JNSBL is not responsible for the conduct, whether online or offline, of any User of the Website or any other person.

The JNSBL cannot always foresee or anticipate technical or other difficulties. These difficulties may result as a loss of data or personalization settings, or other service interruptions. For this reason, you agree that access to the Website is provided as is without any warranties of any kind. The JNSBL does not assume responsibility for timeliness, errors or inaccuracies, deletion or failure to store any User data, communications or personalized settings. You agree that you assume the risk for use of the on-line application service on this Website. The JNSBL shall not be liable for any special, direct, incidental or consequential damages.

We welcome feedback, and note that we may use comments or suggestions without any obligation to you.

COPYRIGHT

We respect the intellectual property of others and ask that you comply with the Copyright Act, the Copyright (Amendment) Act, 2015 No.13, and any other amendment thereto, and any law in your jurisdiction governing intellectual property rights.

We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers of the intellectual property rights of others.

PROHIBITED VISUAL ELEMENTS IN CAMPAIGN IMAGES

Project Owners are not permitted to do any of the following with Campaign images:

  • incorporate iSupportJamaica’s intellectual property, colours and branding elements, including but not limited to trademarks, logos, coloured frames, borders or badges without written authorization;
  • include any visual element that could be interpreted to have been produced by iSupportJamaica, including but not limited to banners, progress bars or funding statistics;
  • include any visual element that communicates endorsement by iSupportJamaica.

DISPUTES BETWEEN PROJECT OWNERS AND DONORS

Project Owners are legally bound to perform on any promise and/or commitment to Donors (including delivering any Perks).

iSupportJamaica does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner.

If a Project Owner is unable to perform on any promise and/or commitment to Donors as a result of a force majeure or any reason beyond the control of the Project Owner, the Project Owner will work with the Donors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Donations by the Campaign Owner.

ISupportJamaicais under no obligation to become involved in disputes between Project Owners and Donors, or Users and any third party.

In addition, ISupportJamaicais under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Project Owner’s accounts or transfer of ownership.

In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms of the Campaign or alleged failure in fulfilment of a Perk, JNSBL may provide the Project Owner's contact information to the Donor so that the two parties may resolve their dispute.

ACKNOWLEDGEMENT AND AGREEMENT OF DONORS

The JNSBL will endeavour to vet Projects and use reasonable efforts within the limits of its resources, to post Projects for Donors donation which have the requisite management and institutional support to ensure that the Donors donation are used as intended and that the Project will benefit the intended beneficiaries. Notwithstanding, JNSBL acknowledges and recognizes that not all Projects featured on the Website will succeed due to inadequate funding.

Donors are solely responsible for asking questions and investigating Project Owners and Campaigns to the extent they feel is necessary before making a Donation. All Donations are made voluntarily and at the sole discretion and risk of the Donor. iSupportJamaica does not guarantee that Donations will be used as promised, that Project Owners will deliver Perks, or that the Campaign will achieve its goals. iSupportJamaica does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Donation, or the truth or accuracy of User Content posted on the Services.

Donors are solely responsible for determining how to treat their Donations and receipt of any Perks for tax purposes. If a Donation is returned to a Contributor, the associated Perks, if any, shall be canceled.

SERVICE FEES

Setting up an account on the Services is free. We do not charge our Service fees to Donors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Project Owners as a portion of the Donations they raise (the "Service Fees").

By using the Services Users agree to our Service Fees listed in Schedule 1 of this Agreement. 

Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.

TAXES

Taxing authorities may classify funds raised on the Services as taxable income to the Project Owner and any beneficiary who will receive funds directly from the applicable Campaign. iSupportJamaica will ask for the tax reference number (TRN) of Project Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.

ISupportJamaica will provide Project Owners with a tax document if required by the relevant tax authorities.

COMMUNICATION

Subject to applicable laws, communications may be posted on this Website, or another website disclosed to Donors, or sent to the e-mail address provided by them.

All communications will be deemed to have been received by a donor immediately after the JNSBL sends it to the donor by e-mail or posts the communication on the Website, whether or not the donor has received the e-mail, retrieved or read the communication from the Website. A communication by e-mail is considered to be sent at the time that it is directed by the sender's e-mail server to the e-mail address provided by the intended recipient. A communication posted to a Website is considered to be sent at the time it is publicly available.

Each Donor hereby agrees that these are reasonable procedures for sending and receiving communications and accepts such procedures of communication.

SECURITY PROCEDURES

Access to your Dashboard on iSupportJamica.com and your ability to initiate Donations will be verified based on security procedures that are offered as part of the Service.

Each time you attempt to access your Dashboard, you will be asked to provide your unique user ID and password. Providing this information will give you full Dashboard access with the ability to initiate a donation and review the Projects you have supported. You agree to follow any additional on-screen instructions with regard to Dashboard security.

You also agree to update and upgrade your Internet browser software on a regular basis as such updates or upgrades may become available from time to time. You acknowledge and agree that this security procedure is commercially reasonable and that in selecting a user ID and password as your security procedure you have elected not to use any other commercially reasonable procedures that may be available.

CONFIDENTIALITY OF SECURITY PROCEDURES

You agree not to divulge your password or user ID to any other person, and you agree not to use another person's password or user ID.

If, notwithstanding the foregoing prohibition, you give your password to another person or persons, you will be deemed to have authorized them to use your password and Account for any and all purposes, without limitation.

You agree that the JNSBL will not have any responsibility or liability to you or any other person for any loss or damage which you or anyone else may suffer if you disclose your password to any other person, including any loss or damage arising out of the disclosure of this information by the recipient to another person.

THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by iSupportJamaica. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, iSupportJamaicais not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services.

We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

DONORS’ COMMITMENT

To participate in the donating of funds to the JNSBL on the iSupportJamaica.com Website you must provide complete and correct information about yourself sufficient to verify your identity. Such information must include, at a minimum, your name, address.

The JNSBL reserves the right to accept or reject your request to participate in the Donation Programme.

You represent and warrant that all information you provide to ISupportJamaica.com or the JNSBL including but not limited to information about yourself, your source of funds, will be complete and accurate in all respects. The JNSBL will be entitled to rely on any such information, and you agree to update your personal information if it changes. The JNSBL also reserves the right to take steps to verify the information you provide. Your ability to use or otherwise participate in the Donation Programme may be terminated and any pending transactions may be cancelled if you provide false information. In addition, you may be subject to civil and criminal penalties.

In the event that you provide incorrect banking information you may be required to pay a fee to cover bank charges incurred as a result of the error and you may also be required to submit to the JNSBL, documentation to verify your bank account number.

If any false, inaccurate or incomplete information is provided by you to the JNSBL or if the JNSBL has reasonable grounds to suspect that the information is untrue or incomplete the JNSBL has the right to suspend or cancel your access to the Programme.

Neither the JNSBL nor the owners or operators of the iSupportJamaica.com Website will be liable for any loss, damage or injury arising from your failure to provide accurate information.

ELIGIBLE DONORS

A Donor must be at least 18 years of age or a legally constituted body such as a corporation, and is able to form legally binding contracts under applicable laws.

They must have a valid postal /mailing address and an active e-mail address and a valid credit card or debit card.  Please note that the mailing addresses must match the billing address for credit cards, debit cards and/or deposit accounts (as applicable). Other restrictions may apply.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website provided hereunder.

You are responsible for your conduct, Your Information and you must comply with our Acceptable Use Policy.

You shall indemnify and keep us indemnified from and against any losses, costs, expenses, demands or liability whether directly or indirectly arising out of any breach of any intellectual property rights, neglect or default in the use of the Site.

The indemnities referred to in these Terms shall survive the expiration or termination of the relationship between you and us.

We may review your conduct and content for compliance with these Terms and any other documents incorporated by reference. With that said, we have no obligation to do so.

We are not responsible for the content people post and share via the Site.

Please safeguard your password to the Site, make sure that others do not have access to it, and keep your account information current.

Finally, our Site is not intended for and may not be used by people under the age of 18. By using our Site, you are representing to us that you are over 18.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our gross negligence, or our fraud or fraudulent misrepresentation.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of anticipated donations;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Website linked to it.

INDEMNITY

You agree to indemnify and hold the JNSBL and its parent or affiliated company, respective affiliates, subsidiaries, officers, agents, co-branders and other partners, directors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of iSupportJamaica.com Website, your violation of this Agreement, or your violation of any rights of another.

VIRUSES

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

In the event of such a breach, your right to use our Site will cease immediately.

BUSINESS DAYS

The phrase "business days" as used herein means Monday through Friday, excluding public holidays. However, access to the website will generally still be available online on non-business days.

ASSIGNMENTS AND TRANSFERS

You may not assign or otherwise transfer your rights under your Account or the Agreement to any other person or entity.

TAX DEDUCTIBILITY

You understand that you are solely responsible for determining the proper tax treatment for any donation you make through the Website and the Programme. The JNSBL will, on request, provide receipt of other proof of donation to a Donor. The JNSBL has not and will not provide any tax or legal advice to you in connection with any Donation or Loan you might make. This Agreement does not attempt to define the tax implications of participants in the Programme. If you participate in the Programme, you should consult with your own accountant, tax or legal advisor.

ACCEPTABLE USE

The Website is for use in connection with the iSupportJamaica.com Donation Programme and may not be used by you in connection with any other commercial endeavours except as previously approved in writing by the JNSBL.

Use of the Website and participation in the Programme shall be in strict compliance with this Agreement, all other procedures and guidelines set forth on the Website and applicable law.

You may not engage in advertising to, or solicitation of, any User, donor or any other Person to buy or sell any products or services through the Website.

You may not transmit any chain letters or junk email to any User, donor or any other Person.

Illegal and/or unauthorized uses of the Website, including collecting the name, email address or any other personal or confidential information of any User, Donor or any other Person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.

Although the JNSBL assumes no obligation to monitor the conduct of any User off the Website, it is a violation of this Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User, donor or other person without their prior explicit consent. In order to protect such persons from such advertising or solicitation, the JNSBL reserves the right to restrict the number of emails that a User may send to others through the Website in any twenty-four (24) hour or other period to a number that iSupportJmaica.com deems appropriate in its sole discretion.

TERMINATION

We reserve the right to suspend or end the Site at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Site if you are not complying with these Terms, or use the Site in a manner that would cause us legal liability, disrupt the Site or others’ use of the Site.

SERVICE “AS IS”

We strive to provide great Services, but there are certain things that we cannot guarantee. To the fullest extent permitted by law, JNSBL and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.

DISPUTE RESOLUTION

Let us Try To Sort Things Out First. Without prejudice to any other term in this Agreement, we want to address your concerns without needing a formal legal case. Before filing a claim against JNSBL, you agree to try to resolve the dispute informally by contacting ISupportJamaica@jnbs.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) days of submission, you or JNSBL may bring a formal proceeding.

Judicial forum for disputes: The Parties agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively in the courts of Jamaica; and consent to venue and personal jurisdiction in such courts.

APPLICABLE LAW

These terms will be governed exclusively by Jamaican law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Parties with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

WAIVER, SEVERABILITY & ASSIGNMENT

Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. JNSBL may assign its rights to any of its affiliates, or to any successor in interest of any business associated with the Site.

MODIFICATIONS

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you by email to the email address on our records.  Nevertheless, by continuing to use or access the Site after the revisions come into effect, you agree to be bound by the revised Terms.