Terms of Service

 

 

THIS LEGAL AGREEMENT BETWEEN YOU AND Bazzle Amusement GOVERNS YOUR USE OF THE Jamaica Stocks Watch PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY USING  THE SERVICE YOU ACCEPT AND ARE AGREEING THAT THESE TERMS WILL APPLY.

Bazzle Amusement is the provider of the Service, which permits you to utilize certain stock information display and calculation services, and making it accessible on your compatible devices and computers, only under the terms and conditions set forth in this Agreement. 

 

I. REQUIREMENTS FOR USE OF THE SERVICE

 

          A. To use the Service, you cannot be a person barred from receiving the Service under the laws of your jurisdiction, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

 

          B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of required software may be required for certain features. You agree that meeting these requirements is your responsibility. 

 

          C. Limitations on Use.  You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Core (“Free”) Version is allowed certain features as described in the Jamaica Stocks Watch feature pages. Additional features are available for purchase, as described below. If your use of the Service or other behaviour intentionally or unintentionally threatens Bazzle Amusement’s ability to provide the Service or other systems, Bazzle Amusement shall be entitled to take all reasonable steps to protect the Service and Bazzle Amusement’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your use. 

If you are a covered entity, business associate or representative of a covered entity or business associate, You agree that you will not use any component, function or other facility of Jamaica Stocks Watch to create, receive, maintain or transmit any financial advice or use Jamaica Stocks Watch in any manner that would make Bazzle Amusement (or any Bazzle Amusement Subsidiary) Your or any third party’s business associate.

 

          D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Bazzle Amusement makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.

 

          E. Changing the Service.  Bazzle Amusement reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that Bazzle Amusement will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Bazzle Amusement’s reasonable control. With respect to paid services, Bazzle Amusement will not make any material adverse change to the Service before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of Bazzle Amusement’s reasonable control. In the event that Bazzle Amusement does make material adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and remove the service, in which case Bazzle Amusement will provide you with a pro rata refund of any pre-payment for your then-current paid term. Bazzle Amusement shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section E.

 

II. FEATURES AND SERVICES


          A. Use of Watch Module, Alerts Module, Business News Module and Portfolio Module

 

The information provided by this service are for information purposes only and is not intended for trading purposes or advice. Its developers do not hold themselves out as providing any legal, financial or other advice. They also do not make any recommendation or endorsement as to any investment, advisor or other service or product. In addition, this application and its website does not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy. The information provided by this service does not constitute advice and you should not rely on any information provided by them to make (or refrain from making) any decision or take (or refrain from taking) any action.

 

B. Use of Portfolio Module

 

This mobile application only saves your data on the device/’s internal memory, or external memory if you have moved the app to the SD card. Your stock purchases and privacy cover key (hereinafter referred as financial information) are only stored on your device and never transmitted.

This mobile application does not save or send your financial information on / to our servers. We do not see, collect nor save financial information.

The protection of your information is your sole security responsibility and a simple privacy cover, including inactivity time out, has been provided to assist, preventing persons using your device from easy access to your financial information, but we do not warrant the completeness of this cover. 

Do not allow anyone else access to your financial information, neither through direct communication, written communication, a notes app, screenshots, nor any other form. 

Before submitting your device for repairs, please delete all purchases in Portfolio to protect your financial information.

Please keep this mobile application updated and periodically review our Privacy Policy for updates at https://www.watchjm.com/privacy/

 

 

III. SUBSCRIPTION STORAGE UPGRADES

 

Additional features available for purchase on a subscription basis.

 

          A. Payment

 

By upgrading your service features, Bazzle Amusement will automatically charge on a recurring basis the period fee for the plan you choose, including any applicable taxes, to the payment method associated with your Google Play or App Store account. For details about plans and pricing, please visit https://watchjm.com/pricing/.  Google Play or Apple App Store may also obtain preapproval for an amount up to the amount of the transaction and contact you periodically by email to the email address for billing reminders.  

You can change your subscription by using the Google Play App under Subscriptions, or in the Apple Settings app in the iTunes section.

To change your plan, cancel your subscription and start another plan. Annual plans may be applicable for some refundable amount. Monthly plans should be completed before subscribing to another plan. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE APP STORE OR GOOGLE PLAY WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Apple App Store or Google Play is unable to successfully charge your credit card or payment account for fees due, Bazzle Amusement reserves the right to revoke or restrict access to some of our services. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information in the Google Play or Apple App Store; this may temporarily disrupt your access to the Services while Bazzle Amusement gets verification from the Google Play or Apple App Stores. 

  

          B. Right of Withdrawal

 

If you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan, following the commencement of any renewal term, you may do so by informing Bazzle Amusement with a clear statement (see applicable address details in section “General” below) within 14 days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation. 

 

Effects of cancellation 

We will reduce your features to Watch App Core + Ads, and reimburse you no later than 30 days from the day on which we receive your cancellation notice. If you have used more than these features during this period, you may not be able to see or use them again or use certain features. We will communicate with you as to the  means of payment, and you will not incur any fees for such reimbursement. 

 

IV. Your Use of the Service

          A. Your Data

 

As a user of the Service, you are solely responsible for maintaining the confidentiality and security of your device and your data. You agree to immediately notify Bazzle Amusement of any security issues or concerns you have with the service. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis. Provided we have exercised reasonable skill and due care, Bazzle Amusement shall not be responsible for any losses arising out of the unauthorized use of the service resulting from you not following these rules. 

          B. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in any Bazzle Amusement product, or similar resource used by you in connection with the Service.

 

          C. No Right to Transfer 

Unless otherwise required by law, you agree that your subscription is non-transferable.

           D. No Resale of Service

 

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

V. Data Contents 

          A. Back up Your Content

 

The Service currently does not provide backup services of your data in the case you need to transfer to a different device or delete and re-install the app. You agree to this service of operation until features are put in place to allow for backing up, to your own computer or other device, your data. When the service does provide that feature, you are responsible for backing up your data. Bazzle Amusement shall use reasonable skill and due care in providing the Service, but Bazzle Amusement does not guarantee or warrant that any data you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

 

VI. Software

 

          A. Bazzle Amusement’s Proprietary Rights. You acknowledge and agree that Bazzle Amusement and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

 

          B. License From Bazzle Amusement. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. 

          C. Updates. From time to time, Bazzle Amusement may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. 

 

VII. Termination

          A. Voluntary Termination by You

You may delete your Jamaica Stocks Watch app and/or stop using the Service at any time. It is your responsibility to cancel any subscriptions you have to the service before or after terminating your use of the service. The service does not require use for there to be a charge. Terminating the service also removes the data created during use of the service. This action is non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.

 

          B. Termination by Bazzle Amusement

 

Bazzle Amusement may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) where provision of the Service to you is or may become unlawful; (d) unexpected technical or security issues or problems; (e) your participation in fraudulent or illegal activities; or (f) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Bazzle Amusement will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Bazzle Amusement in its sole discretion and Bazzle Amusement will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Bazzle Amusement may terminate your Account upon 30 days’ prior notice if there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Bazzle Amusement’s reasonable control. In the event of such termination, Bazzle Amusement will provide you with a pro rata refund of any pre-payment for your then-current paid term. Bazzle Amusement shall not be liable to you for any modifications to the Service or terms of service in accordance with this Section VIIB.

 

          C. Effects of Termination

 

Upon termination of your access to the service you may lose all data created using the service. 

 

VIII. Links and Other Third Party Materials

 

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Bazzle Amusement may have no control over such third party sites and/or materials, you acknowledge and agree that Bazzle Amusement is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Bazzle Amusement shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

 

IX. DISCLAIMER OF WARRANTIES; 

 

LIMITATION OF LIABILITY

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

BAZZLE AMUSEMENT SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

BAZZLE AMUSEMENT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BAZZLE AMUSEMENT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAZZLE AMUSEMENT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, BAZZLE AMUSEMENT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

 BAZZLE AMUSEMENT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BAZZLE AMUSEMENT DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

          LIMITATION OF LIABILITY

 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 BAZZLE AMUSEMENT SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) BAZZLE AMUSEMENT’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) BAZZLE AMUSEMENT’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAZZLE AMUSEMENT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF BAZZLE AMUSEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.


          INDEMNIFICATION

 You agree to defend, indemnify and hold Bazzle Amusement, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) your use of the Service; (b) any violation by you of this Agreement; (c) any action taken by Bazzle Amusement as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (d) your violation of any rights of another. This means that you cannot sue Bazzle Amusement, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse service, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Bazzle Amusement’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your devices, and that this Agreement applies to any and all. You agree to comply with this Agreement and to defend, indemnify and hold harmless Bazzle Amusement from and against any and all claims and demands arising from your use of the service, whether or not such usage is expressly authorized by you.

 

X. GENERAL

 

          A. Notices

Bazzle Amusement may provide you with notices regarding the Service, including changes to this Agreement, by postings on our website, social media pages and/or the Service.

 

          B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Bazzle Amusement shall be governed by the laws of Jamaica, excluding its conflicts of law provisions. You and Bazzle Amusement agree to submit to the personal and exclusive jurisdiction of the courts located within Jamaica, to resolve any dispute or claim arising from this Agreement. If (a) you are not a Jamaican citizen; (b) you do not reside in Jamaica; (c) you are not accessing the Service from Jamaica; you hereby agree that any dispute or claim arising from this Agreement shall be governed by Jamaican Law. 

 

          C. Entire Agreement

This Agreement constitutes the entire agreement between you and Bazzle Amusement, governs your use of the Service and completely replaces any prior agreements between you and Bazzle Amusement in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Bazzle Amusement to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

 

          D. “Bazzle Amusement” as used herein means:

 

• Basil Jones T/As Bazzle Amusement, located at 2A Huntsdene Ave, Kingston 10, Jamaica. 

 

ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

Last revised: November 15, 2019

 

MADE IN JAMAICA

This app was built in Jamaica by Jamaicans to increase investments in Jamaica and by Jamaicans.

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