You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you agree that you will not use the Site:
- to spam or otherwise send unsolicited messages;
- to collect information about others without their consent;
- to transmit, upload or post any material that contains viruses or any other harmful programs or code;
- to transmit, upload or post any material that is obscene, vulgar, offensive, defamatory, indecent, lewd, suggestive, harassing, threatening, pornographic, fraudulent, inflammatory or otherwise inappropriate or objectionable, or that breaches any laws including intellectual property including without limitation any such maternal that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- to interfere with or disrupt this Site;
- to interfere with any other person’s use or enjoyment of the Site;
- to attempt to gain unauthorised access to any services or information;
- to post, upload, transmit, distribute, store, create or otherwise publish through the Sites user content that is spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; or
- to post, upload, transmit, distribute, store, create or otherwise publish through the Sites user content that is constitutes, encourages or provides instructions for a criminal offence.
You further agree not to (i) use technology or other means to access Donut Boy’s or the Site that is not authorised by Donut Boys; (ii) use or launch any automated system to access Donut Boy’s or the Site; (iii) attempt to gain unauthorised access to Donut Boy’s computer networks; or (iv) attempt to damage, disable, overburden or impair Donut Boy’s server or network.
Donut Boys has made its best efforts to ensure that the information contained on or accessed through this website is accurate and up-to-date. However, the materials and information on the Site may include technical inaccuracies and typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties and other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Donut Boy’s disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the Site is free from viruses and non-infringement as to the Sites and the information, content and materials contained therein.
All materials and content on the Site, including but not limited to text, images, photos, graphics, designs, names, logos, trademarks, video recordings, music and the selection and arrangement thereof are the property of, or used under licence by, Donut Boys and are subject to copyright and other intellectual property protection.
- This Site contains commercially sensitive and valuable information which is both confidential and protected by copyright. Brands, logos, images and taglines are registered or unregistered trade marks owned or used under licence by Donut Boys.
- Permission is granted to you to view content as a visitor to this Site. You may download and save a temporary copy of material from the Site for the limited purpose of viewing the Site for personal use or procuring products from the Site. Any other use of the materials and information on this Site, including reproduction for any purpose, modification, distribution, republication, adaptation, or commercial exploitation, without our prior written permission, is strictly prohibited.
To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), Donut Boys, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including but not limited to such loss, damage or injury arising out of the following:
- the use of or inability to use this Site;
- purchasing and/or using any product(s) from the Site;
- any errors or omissions from any information on this Site including typographical or photographical errors;
- any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the Site;
- any injury or damage to any person’s computer related to accessing or downloading any materials from this Site; or
- a failure or omission on the part of Donut Boy’s to comply with its obligations under these Terms;
- the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a use of the Site on any information obtained from Donut Boys or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communication failure, theft, destruction or unauthorised access to Donut Boy’s records, programmes or services.
To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms) Donut Boys:
- does not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the Site, or the accuracy, reliability or completeness thereof; and
- expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.
Donut Boys assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.
You hereby waive, release and hold harmless Donut Boys, its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this Site and your use of any products advertised therein (save as otherwise expressly set out in these Terms).
Donut Boy’s liability for a breach of any consumer laws is, where permitted by law and at Donut Boy’s election, limited to:
- in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR
- in the case of services — the re-supply of the services or payment of the cost of doing this.
You agree to indemnify, defend and hold harmless Donut Boys, its directors, employees, agents, consultants, independent contractors, subsidiaries, affiliates and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) arising out of or related to (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) your conduct in connection with the Site and (e) you purchasing and using any product(s) advertised on the Site.
Termination of Site
Donut Boys reserves the right to modify or suspend services on this Site, to discontinue or terminate any or all parts of the Site, to update, edit and remove contents of the Site, or to terminate your ability to purchase products from the Site at any time without notice. In this event, the liability and indemnity provisions provided in these Terms will survive such termination, and all rights of Donut Boys granted herein are otherwise reserved. Donut Boys failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
These Terms shall be governed by and construed in accordance with of the laws of Trinidad and Tobago. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Trinidad and Tobago.
If any provision of these Terms shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.