INTERPRETATION

In these terms of Service, “I”, “We” “Our” and “Us” refer to Victoria Mutual (Property Services) Limited (or “VM Property Services”), its agents and its Affiliates, while “Licensee” “You” and “Your” refer to the authorized user(s) of the VM Property Services Property Management Service (the “Service”).The Website and Service are owned and operated by VM Property Services located at 2 Parkington Plaza, Kingston 10, Jamaica, West Indies, a wholly owned subsidiary of The VM Group.

DEFINITIONS

“Administrator User” means each Customer employee designated by Customer to serve as technical administrator of the SaaS Services on Customer’s behalf.

“Customer Content” means all data and materials provided by Customer to the Service Provider, where applicable, for use in connection with the SaaS Services, including, without limitation, customer applications, data files, and graphics.

“Documentation” means the user guides, and other requested documentation provided or made available by VMPS to Customer regarding the use or operation of the SaaS Services.

“Host” means the Property Management database which forms the storage for the Software provided by VMPS or its subcontractors.

“Maintenance Services” means the support and maintenance services provided by VMPS to Customer pursuant to this SaaS Agreement and Exhibit B.

“Other Services” means all technical and non-technical services performed or delivered by VMPS under this SaaS Agreement, including, without limitation, implementation services and other professional services, training and education services but excluding the SaaS Services and the Maintenance Services. Other Services will be provided on a time and material basis at such times or during such periods, as may be specified in a Schedule and mutually agreed to by the parties. All Other Services will be provided on a non-work for hire basis.

“Property Manager” means an individual, entity, organization and/or association that access and use the ManageCasa Service to manage properties, including, without limitation, a homeowner, landlord, property manager, rental owner, or an owner association (e.g., HomeOwner’s Association (HOA) or Strata Owner’s Association (SOA)

“SaaS Services” refer to the specific VMPS’ internet-accessible service identified in a Schedule that provides use of VMPS’ Property Management Software that is hosted in the clouds or its services provider and made available to Customer on a term-use basis.

“Schedule” is a written document attached to this SaaS Agreement under Exhibit A or executed separately by VMPS and Customer for the purpose of purchasing SaaS Services under the terms and conditions of this SaaS Agreement.

“Software” means the object code version of any software to which Customer is provided access as part of the Service, including any updates or new versions.

“Subscription” means the plan that the customer has selected and paid for and shall begin on the date the plan payment has been confirmed as successful.

“Subscription Term” shall mean that period specified in a Schedule during which the Customer will have on-line access and use of the Software through VMPS’ SaaS Services. The Subscription Term shall renew each month unless either party delivers written notice of non-renewal to the other party at least 30 days prior to the expiration of the then-current Subscription Term or the Customer wishes deactivate their subscription from the platform

GENERAL

You are required to familiarize yourself with the general Terms and Conditions that govern our service offerings as displayed on the VM Property Services website. Note that these supplementary Terms and Conditions and/or any modifications or amendments thereto govern your use of and access to our Service or its designated Website.

Whenever you access the Service or Website and related products and services (the “Services”), you are agreeing to be bound by the Service and Website Terms and Conditions of Use, all applicable laws and regulations. It means that you also agree that you are responsible for compliance with any applicable laws. Therefore, if you do not agree with any of these terms you are not permitted to use or access this site or Service . The materials contained in the Service, the Website are protected by trade mark and copyright law.

Your use of this Service indicates that you have carefully read and understood the requirements under these Terms and Conditions, and confirms your agreement to comply with, be bound by, and be deemed to be bound by these Terms and Conditions. DO NOT DOWNLOAD OR USE THIS SERVICE IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS AND CONDITIONS.

If at any time after downloading the Service you find that you no longer agree with these Terms and Conditions or any subsequent updates, modifications or amendments to same, you should take the necessary steps to immediately delete the Service from your Device and discontinue your use of this Service .

VM Property Services reserves the right to restrict or disallow any person from using any of its Services at any time, or from time to time as we deem fit.

MINIMUM SYSTEM REQUIREMENTS

In order to properly access the Services, you will need a suitable computer, laptop, smart phone, tablet or other handheld internet-enabled device with sufficient memory (“Devices”). It is a standard requirement for certain functionalities of our Service to require your Device(s) to be connected to the internet. Our Service will only work on compatible Devices and operating systems and some features may only be available on certain operating systems. 

PRIVACY POLICY

Please note that the terms of our Privacy Policy, available on the Service Website at  https://propmanweb.com  are incorporated into these Terms and Conditions. By using the Service or any Services, you agree to be bound by the terms of our Privacy Policy. Additionally, by using the Service or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Service or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

ANTI-MONEY LAUNDERING & COUNTER-FINANCING OF TERRORISM (AML-CFT) 

As a subsidiary of a financial institution and Group that is regulated by the Bank of Jamaica (BOJ) and governed by applicable AML -CFT Regulations, we place great emphasis on “Know Your Customer” (KYC) information and the use of a risk-based approach surrounding transactions and customers alike throughout our network. We are required to accurately maintain records of customer identification and verification, transaction and source of funds, as well as an expected transaction profile of customers. We are also required to obtain client information and verification of residency, which may include but is not limited to, obtaining proof of Tax Identification (Tax Registration Number) or any similar document such as Social Insurance Number/National Insurance Number/Social Security Number/Tax Insurance Number; country of residency/place of birth; passport identification or any relevant government issued identification; bank account or transaction verifications, and other documentation as required by regulatory bodies.

You agree to comply with these requirements by providing us with such documentation as we may request to verify your identity or source of funds, and you acknowledge and agree that we reserve the right to refuse to allow you to execute a transaction in the event that you fail to comply with these requirements or with any request we make in connection therewith. You agree to indemnify and hold us harmless in relation to any loss or damage you may suffer as a result of any such refusal.

PURPOSE

The purpose of this Service is for VM Property Services and/or its affiliates, agents and partners to provide property managers and registered proprietors of residential and strata properties in Jamaica with a convenient online platform to:

• Pay maintenance Fees
• Schedule Meetings
• View and Add Bulletin updates
• Submit requests
• Manage documents
• Create alerts
• Log incidents
• Manage multiple developments
• Manage invoices and record expenses
• Make payment towards invoices
• Visitor Management

LICENCE

In consideration of You paying the required fees and agreeing to abide by all terms governing the use of our Services, we grant you a non-transferable, non-exclusive licence to use the Service subject to these Terms and Conditions, the Privacy Policy, and any Applicable Store Rules incorporated into the Licence by reference. We reserve all other rights.

Under the Licence, you may download or access a copy of the Service and/or related materials onto your Devices and view, use and display the Service on the Devices for the agreed purposes only.

You must carefully note that such owners/service providers may charge fees for internet access on the Devices. You will be assumed to have obtained the requisite permission from the owners of the Devices that are controlled, but not owned by you. You accept responsibility in accordance with the terms of this Licence for the use of the Service or any Services on or in relation to any Device, whether or not it is owned by you.

It must be noted that this is the grant of a licence only and it does not amount to a transfer of title. Under this licence you may not:

1. modify or copy the materials;
2. use the materials for any unauthorized purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the website or Service
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.

This licence may be terminated by VM Property Services at any time in its sole discretion and will automatically terminate if you violate any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

RIGHTS YOU LICENCE TO US:

You grant to us a non-exclusive, irrevocable, worldwide, royalty- free licence to use, reproduce, store, sub-license, distribute, display, modify and edit the content you post or upload to the Service ; and you further grant to third parties who access your content through our Service a royalty-free, non-exclusive licence to use your content for the purposes of enabling you to make full use of the Service and the Services.

ROLE OF VM PROPERTY SERVICES

In consideration of the payment of the applicable Fees, VM Property Services shall:

• provide You with access to the Service and its functionalities
• host and support the Service
• provide any other services as may be agreed in writing.

We reserve the right to amend, modify or alter the software, including but not limited to the functionalities of the Service at any time and from time to time as deemed appropriate to enhance or optimize the features and performance of the Service or for any other business purpose.

UPGRADES

From time to time, the Provider may need to change or upgrade the Service, which may have the effect of changing the system requirements for users. Accepting the terms and conditions of this agreement is an indication that you agree to the automatic updating and acknowledge that you are not entitles to receive any future updates, new versions or enhancements for the service.

YOUR RESPONSIBILITIES

You agree to use this Service as well as our website for its intended purposes and to be in strict compliance with applicable laws, our Terms and Conditions and other Policies in respect of the Service and our website and shall indemnify us for any consequences arising from a breach in this regard, in accordance with the indemnity provision(s) set out in these Terms and Conditions.

ACCEPTABLE USE RESTRICTIONS

You the user must use the Service in a manner consistent with any and all applicable laws and regulations and represent that:

1. Use of the Services does not violate:
2. any law, including, without limitation, cybersecurity and privacy laws or any aspect of system integrity, including instances in which a person knowingly introduces viruses or other malicious or harmful material with the effect of undermining the system, laws relating to intellectual property, illegal gambling activities, support for terrorist activities, money laundering or fraud; anything abusive, obscene, threatening, defamatory, harassing, or which may otherwise be objectionable or have the effect of infringing or violating the rights of others;, and/or
3. these Terms and Conditions
4. Information provided to VM Property Services is accurate, truthful, and complete.

Any violation of either the Terms and Conditions governing this Service or website shall with immediate effect, result in your access to our Service , website and/or any of our products and services being terminated.

PASSWORDS

If you are provided with or choose a user identification code, password or other log in information, you must treat such information as confidential and must not disclose it to any third party.

We have the right to disable any user identification code or password at any time, if in our reasonable opinion, we believe that you have failed to comply with these Terms and Conditions.

If you know or suspect that someone other than you knows your user identification code or password, please contact us as soon as possible at support@propmanweb.com

DATA PROTECTION

In dealing with the information we collect from you, VM Property Services will comply with the requirements under applicable data protection laws, including the Jamaican Data Protection Act, 2020 and any related regulations. Our Data Protection Policy and Privacy Policy published and updated on our Website from time to time shall apply to the use of personal data relating to you and shall form part of these Terms and Conditions. 

INTELLECTUAL PROPERTY

The intellectual property rights in respect of the Service, our website and/or the Services (including but not limited to copyright, patents, database rights, trademarks and service marks) are owned by VM Property Services, its Affiliates or Partners, and all rights, title and interest therein and thereto shall remain the property of VM Property Services and/or such Affiliates or Partners. The Service, our website and/or Services may be used only for the purpose permitted by these Service Terms and Conditions, the Terms and Conditions on our website which govern our Services, or by the terms and conditions of our Affiliates or Partners. Other product, service and company names appearing on the Website or used in connection with the Services may be trademarks of their owners.

You acknowledge that you have no right to have access to the Service in source-code form.

 

SHARING OF INFORMATION

You agree that VM Property Services is permitted to share information about You and your account with our Affiliates, Payment Gateway Provider (s), Card Networks, other financial institutions and government agencies for:

• for compliance and regulatory purposes
• to conduct risk assessments
• for maintenance of the Services or efficient management of same
• in order to assist such entities to update or create your customer records in an effort to provide more efficient service to you
• use in relation to their Agreements with us, to facilitate the Services, create reports or perform analytics, operate and promote their business, or for any other lawful business purposes.

DISCLAIMER & LIMITATION OF LIABILITY

In no event shall VM Property Services and/or its affiliates, shareholders, directors, officers, managers, employees, consultants or agents be liable for damages (including without limitation, damages for loss of data, profit or business opportunity, or due to business interruption) arising out of the use or inability to use the materials on the Service and/or Website, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage.

We shall have no liability to you in respect of your inability to access the Service or errors in the functioning of the Service and/or Services which are attributable to errors in or made by failures in the performance of Your hardware or operating systems, failure of internet connections, operator error, your provision of incorrect information, power failures and malicious interference by any third party.

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET, OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE, OR ANY ASPECT OF THE SERVICE IN THE FUTURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS AND AGENTS, DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNSET WEBSITE, SERVICEOR OTHERWISE RELATING TO SUCH MATERIALS ON ANY SITES LINKED TO THIS WEBSITE.

NEITHER VM PROPERTY SERVICES NOR OUR FINANCIAL INSTITUTION PARTNERS REPRESENT OR WARRANT THAT THE SITE PAYMENTS WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE VM PROPERTY SERVICES OR THROUGH THE SITE.

NEITHER VM PROPERTY SERVICES NOR OUR FINANCIAL INSTITUTION PARTNERS SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF SITE SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IF YOU ARE DISSATISFIED WITH THE SERVICE/WEBSITE, OR YOU DO NOT AGREE WITH ANY PART OF THE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER, OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SERVICE or WEBSITE.

IN ALL EVENTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS & AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

FOR LOSS OR CORRUPTION FO YOUR DATA, OUR LIABILITY WILL BE LIMITED TO TAKING REASONABLE STEPS TO TRY AND RECOVER THE DATA FROM OUR AVAILABLE BACKUPS.

OUR TOTAL AGGREGATE LIABILITY TO YOU IS TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES MADE AVAILABLE BY THE SERVICE AND /OR WEBSITE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE.

If VM Property Services and/or its affiliates, shareholders, directors, officers, managers, employees, consultants or agents do have any liability to you for any kind of loss or damage for any reason or under or in connection with these Service Terms and Conditions and/or the Terms and Conditions of the Services displayed on our website, you agree that you shall not recover more than once for the same loss and/or damage regardless of whether your claim (s) are made in connection with any or both of these Service Terms and Conditions or the Terms and Conditions of the Services.

Nothing in these Service Terms and Conditions shall exclude any party’s liability for: (a) death or personal injury arising through negligence, (b) fraudulent misrepresentation, and or (c) anything else that cannot be excluded or limited by us under any applicable law.

FEES, INVOICES & PAYMENTS

Licensees or their duly authorized agents or users shall pay all fees specified for the Service as agreed between the Licensee and VM Property Services.

Fees for the Services will be invoiced to the Licensee, in accordance with the relevant subscription or purchase made through the Services and payment shall be remitted from the Licensee’s country of residence. Fees shall be due in accordance with the invoice issued by VM Property Services or as otherwise set forth on the Service for the applicable subscription or order and all fees are quoted and payable in the currency of the invoice (unless otherwise agreed).

The Licensee shall provide VM Property Services with complete and accurate billing and contact information including a valid email address for receipt of invoices. The Licensee will make payments by credit card or direct debit (unless otherwise agreed). For the avoidance of doubt, this Agreement shall apply to any use of the Service or Services, even if done so on a free or trial basis.

Fees are charged in advance and are non-refundable. Unless required by law, VM Property Services will not provide refunds in connection with the Services.

Where a payment is made to third parties via the Service /Website, a separate transaction service fee applies to cover the relevant bank, payment agent and network processing fees. It is understood and agreed that VM Property Services will be responsible for collecting the transaction service fee on behalf of its Partners, and that the property management company shall not receive any portion of the collected fees

International/Local Bank Fees

International or Local Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by VM Property Services in your local currency. If your bank statement and/or credit card statement charge differs from your VM Property Services invoice, please contact your bank in the first instance. VM Property Services shall not be liable for any additional bank transaction fees that may be charged by your bank or intermediary institutions.

VM Property Service’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). There will however be a service fee associated with using the online payment service. The service fee covers bank payment agent and processing network fees to ensure the safety and security of your transaction. VM Property Services does not receive any portion of these fees.

The Licensee is responsible for paying all Taxes associated with its payments under this Agreement. If VM Property Services has the legal obligation to pay or collect Taxes for which the Licensee is responsible under this Clause, VM Property Services will invoice the Licensee and the Licensee will pay that amount unless the Licensee provides VM Property Services with a valid tax exemption certificate authorized by the appropriate taxing authority. For the avoidance of doubt, VM Property Services is solely responsible for taxes assessable against it based on its income, property and employees.

All fees payable to VM Property Services under the Service Level Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind and the Licensee will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this agreement or Licensee’s receipt or use of the Services, except for taxes based on VM Innovation’s net income. In the event that VM Property Services is required to collect any tax for which its Licensee is responsible), the Licensee will be liable to pay such tax directly to VM Property Services.

If the Licensee pays any withholding taxes that are required to be paid under applicable law, the Licensee will pay these directly to taxing authorities above fees due to VM Property Services but not net against any invoices due to VM Property Services. The Licensee will provide VM Property Services with written documentation of all such tax payments, including receipts (if requested by VM Property Services in writing).

VM Property Services may monitor the usage of the Service on its hosted servers to validate the number of subscriptions or payments made through the Service by the Licensee and/or its Authorized User.

Changes to the Pricing

VM Property Services reserves the right to increase pricing for the use of the Service at any time. Where the increase in pricing will affect the Licensee, they will be given at least six (6) weeks written notice provided to the email address listed for invoicing purposes within the account.

MAINTENANCE & SUPPORT

VM Property Services shall use its reasonable endeavours to facilitate effective access to and use of the functionalities of the Service by authorized users, subject to routine and emergency maintenance, upgrades, repairs, configurations. Subject to your compliance with these terms during the applicable subscription term, VM Property Services will use commercially reasonable efforts to provide you with remote technical and operational support and maintenance services during normal business hours. 

LINKED SITES & THIRD PARTY SERVICES

This Service may provide you with hyperlinks to other websites or applications which are neither owned nor maintained by VM Property Services  have separate terms and conditions governing their use. Please take the time to carefully read those separate requirements when you enter other websites via such hyperlinks. VM Property Services shall bear no liability whatsoever for anything displayed on such linked websites and/or for their availability, or use. It is agreed and understood that any use of such links by you will be entirely at your own risk.

VM Property Services is in no way responsible for the delivery, rebates, guarantees or any other expectation of any third party purchase. You will need to make your own independent judgment regarding your interaction with any third party sites and transactions with third party vendors are final and with no refunds.  Any disputes should be taken up with the third party.

STATISTICAL INFORMATION

VMPS may anonymously compile statistical information related to the performance of the Services for purposes of improving the SaaS service, provided that such information does not identify the Customer’s data or include the Customer’s name. 

TERMINATION AND SUSPENSION

We may terminate or suspend your use of the Service with or without notice at any time. Upon any termination, your right to use the Service, and any other rights or permissions granted to you in these Service Terms and Conditions will come to an end and you must immediately discontinue using the Service and delete all copies and related materials in your possession, custody or control.

We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so; or if you breach any of the standards for acceptable use.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement at any time, however the payments made are non-refundable and you will have access to the application until the end of the subscription period.

If you cancel during the subscription period, you must stop using the Service and the Services and delete the Service and all related materials from all of your Devices. Your rights to cancel do not affect your rights if the Service is defective.

EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence, our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

INDEMNITY

You shall indemnify and hold VM Property Services and/or its affiliates, shareholders, directors, officers, managers, employees, consultants or agents harmless from and against any and all claims, loss, cost, expense (including attorney fees), liability or damages suffered by us resulting from your breach of these ServiceTerms and Conditions. 

INDEPENDENT CONTRACTORS

Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Service or Website.

NOTICES

Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section.

ASSIGNMENT

We may transfer our rights and obligations under this Licence to another organization, but this will not affect your rights or our obligations under this Licence. You may only transfer your rights or obligations under this Licence to another person if we agree in writing.

SEVERABILITY

If, at any time, through any Court or competent authority any provision of these Terms and Conditions (or any part of a provision) is or becomes illegal, invalid or unenforceable, this shall in no way affect or impair the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect.

WAIVER

Any waiver, non-enforcement or delay by us of a breach or default of any of the provisions of these Terms and Conditions shall not be construed as a waiver of that or any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege, operate as a waiver of any breach or default by you.

MODIFICATIONS/VARIATION

THESE TERMS AND CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

VM Property Services reserves the right to effect changes to Services at any time or from time to time either without notice or on providing such notice as is required by law or as may be stated in these Terms and Conditions.

Any update, amendment, modification or change to these Service Terms and Conditions shall become effective and shall be binding upon you fourteen (14) days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message using the email address used to onboard onto the system. You may, upon receiving notice of any alteration to these Terms and Conditions take steps to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.

LANGUAGE

These Terms and Conditions and all other documentation and communications provided by us shall be in the English language.

GOVERNING LAW & JURISDISCTION

These Terms and Conditions, together with all items incorporated by reference, embody the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally.  Services are directed solely to persons 18 years and over. These Terms and Conditions, together with the Licence, its subject matter and formation, are governed by and shall be construed in accordance with the laws of Jamaica, without regard to conflict of laws rules.

RESOLUTION OF DISPUTES

Any dispute or claim arising from or relating to a payment that involves a claim for less than US$3000 or J$500,000, shall be settled by negotiation by the parties in good faith. Where such negotiation fails to resolve the dispute, or the dispute involves a claim for less than US$3000 or J$500,000, the dispute shall be referred to arbitration in accordance with the Arbitration Act of Jamaica, with such arbitration to be held in Kingston, Jamaica. Costs of arbitration shall be shared equally by the parties, and each party shall bear its own lawyer, expert and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF THE SERVICES PROVIDED.

CONTACTING YOU

If we have to contact you or give you notice in writing, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three (3) days after the date of mailing to a physical address and one (1) day after mailing to an electronic address.

CONTACTING US

Any notice required to be given by you to us in connection with the subject matter of these Terms and Conditions, save and except where an alternative method is expressly provided, shall be in writing and sent through the post addressed to:

VM PROPERTY MANAGEMENT SERVICE, Victoria Mutual (Property Services) Limited, 2 Parkington Plaza, Kingston 10, Jamaica, West Indies.

For general enquires about the Service, or VM Property Services products and services, please contact us at:

Email Address: support@propmanweb.com