Updated: July 2022
1.1. mixmagcaribbean.com, mixmagmexico.com, and mixmagca.com (“Site”, “Sites”) are owned and operated by Mixmag Caribbean SRL whose registered office is at CALLE BOULEVARD 1RO DE NOVIEMBRE, APTO. EDIFICIO BELANOVA, PUNTA CANA VILLAGE, DR, registered in DOMINICAN REPUBLIC RNC: 132609417 (“ Mixmag Caribbean”, “we”, “us”, “our”). These are the Terms and Conditions of Use (Terms) for your use of the Sites.
1.3. These Terms explain how our Site operates, what you can do with our content and your rights and responsibilities.
1.4. We may update these Terms at any time to reflect changes to our products/services, our users’ needs and our business priorities. We will let you know what these changes are by posting them to this page, but it is your responsibility as a user to make sure you're aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. If you continue to use our Site after the posting of changes to these Terms, your use of the Site indicates your agreement to be bound to the new Terms.
2. What we do
2.1. Our Site is all about sharing information. We provide regularly updated general information, news, opinions and links with our views. The information you read on our Site is the opinion of our individual staff and not that of Mixmag Caribbean as a company.
2.2. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3. What we don't do
3.1. Information on our Site does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us. Given that the impact of any information expressed on our Site can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you. The content on our Site is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
3.2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Links on our Site
5.1. Our Site includes details on, or links through to, other websites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We don't control the accuracy or completeness of that information and cannot accept any responsibility for the content of those websites. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website, please read its terms and conditions carefully before deciding to buy. Remember: your contract for those products or services will be with that website, not us.
5.2. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.
Links from your website
5.3. You are only permitted to link to our Site with our prior written consent provided you:
5.3.1. comply with these Terms and all applicable laws;
5.3.2. do not use any of our trade marks or logos;
5.3.3. link only to those pages (including our homepage, where relevant) we have given you our permission to link to;
5.3.4. do not in any way imply that we are endorsing you, your website, or its products or services;
5.3.5. do not misrepresent your relationship with us or present false information about us;
5.3.6. do not infringe any intellectual property or other rights of any person or otherwise breach all relevant laws and regulations;
5.3.7. do not have content in your website that could be considered distasteful or offensive.
If you breach these Terms, we have the right to require that your link is removed without notice and to take whatever other action we think appropriate.
6. Our content
6.1. All of the content on our Site is owned by us or our licensers and is protected by international copyright laws.
6.2. Our content includes any information, features of, or other material found on our Site. You are allowed to use our content for personal, non-commercial use only. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may make one copy of extracts from this Site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.3. The trade marks 'Mixmag Caribbean’, ‘Mixmag Mexico', ‘Mixmag Centroamerica’ among others, are owned by Mixmag Caribbean SRL All other brand names and trade marks that appear on this Site are trade marks or trade names of their respective holders. No permission is given to use any of these brands or marks and any such use may constitute an infringement of the holders' rights.
7. User content
7.1. When you post content on our Site or social media channels, you agree and represent that you have created that content. You own any copyright in the text that you post on our Site. However, when you post text, images, video or other media, you expressly grant us a perpetual, fully transferable, worldwide royalty-free licence to republish that text on our Site and to use/redistribute/make available and/or sell that text in any format and on any platform, either now known or hereinafter invented anywhere in the world as part of an edited compilation or otherwise.
7.2. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We may remove your content from use at any time. You acknowledge and accept that the technical requirements of our Site may result in changes to your content to conform with it. We take no responsibility for the deletion or failure to store postings of user content submitted by you or other Site users.
7.3. If you wish to complain about content uploaded by other users, please contact us at [email protected].
7.4. If you're aged under 16 you confirm you have the permission of your parent or guardian to submit content to us.
7.5. You are solely responsible for securing and backing up your content.
7.6. We encourage debate and the sharing of information between our users. However, we do require that your use of our Social Media and any other communication systems that we provide is lawful and in accordance with our Forum Rules which are incorporated into these Terms.
7.7. We accept no liability for user content on the Site provided by yourself or by others, including any reliance on the accuracy or completeness of such user content. You acknowledge and accept that user content posted on our Site is the opinion of the person posting only and in no way reflects our opinions or attitudes. You further acknowledge and accept that we have no obligation to moderate any content posted by you and other users on the Site.
7.8. You warrant that the content you post does not contain extremist views, appear to incite or promote terrorist activities and is not obscene, fraudulent, libellous, threatening, harassing, abusive, hateful or embarrassing to any other person as determined by us in our sole discretion, or illegal. You further warrant that the content you submit to us does not infringe any intellectual property right or proprietary or privacy right of any party or individual.
7.9. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
7.10. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
8. Acceptable use
8.1. You agree not to:
8.1.1. post or transmit advertisements for or solicitations of business (whether openly, or under the false guise of an unconnected party);
8.1.2. after receiving a warning or otherwise being banned from the Site, continue to disrupt the normal flow of dialogue, post or transmit comments that are not related to the topic being discussed
8.1.3.post or transmit chain letters or pyramid schemes;
8.1.4. impersonate another person;
8.1.5. disguise the IP address of the connection used to post any message;
8.1.6. post or transmit any files containing viruses or other harmful computer code;
8.1.7. harvest or otherwise collect or use information about others, including email addresses, without their explicit consent;
8.1.8. allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
8.1.9. post the same note more than once or spam;
8.1.10. knowingly post untrue information about another person or business with the intention of harming their reputation or livelihood;
8.1.11. engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our Site, or which, in our judgement, exposes us to any liability or detriment of any type;
8.1.12. intentionally make false or misleading statements about investments, their price or their prospects. If you do, you may be committing a criminal offence;
8.1.13. post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence; or
8.1.14. give investment advice by way of business or make financial promotions.
9. Disclaimer of warranties & liability, indemnity, general & changes
9.1. If you choose, or 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.
9.2. 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.
9.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
10. Disclaimer of warranties & liability
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2. Subject to the above, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. We will not be liable to you 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 the use of, or inability to use, our Site or use of or reliance of any content displayed on our Site (including, but not limited to, liability for any loss or damage you may suffer or incur: (i) in the event that any product you apply for does not meet your requirements, or is not suitable for you; or (ii) if any information about you held by the product provider is not correct, complete and accurate; or (iii) if it is misleading, or if you have failed to disclose all relevant facts). We will not be liable to you as either a business user or consumer user for (i) any loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; (v) any indirect or consequential loss or damage.
10.3. Before you apply for any products via our Site it is very important you
10.3.1. carefully read the terms and conditions of the product, the product provider's terms and conditions and any other terms applicable to the product; and
10.3.2. check all the information held by the product provider about you to ensure it is correct, complete and accurate.
10.4. It is your responsibility to:
10.4.1. ensure the product matches your requirements and that you agree to the terms and conditions of the product before you apply for it; and
10.4.2. identify and correct any mistakes or errors in the information about you held by the product provider before you apply for any product.
10.5. We don't promise that your access to our Site, or its content will be delivered uninterrupted, timely or error-free, or that the Site will be free from viruses or other harmful properties. It's your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through our Site are free from such contaminations or other harmful properties.
You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensers from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our Site, Social Media or via any other communications systems, any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.
12.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2. Our Site is directed to people residing in United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
12.3. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.
12.4. Our failure or delay to exercise any provision of these Terms shall not be construed as a waiver of any provision or right.
12.5. These Terms shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the Courts of England and Wales.
12.6. GDPR In compliance with our partners, customer data may be shared with our financiers and bankers.
12.7 Divisibility Clause. This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any otheR instalment.
If you have any questions about our Site or these Terms, please contact us at [email protected].