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Established

 in

 Barbados
 

Terms & Conditions

I agree that my use of any Pamery Transport Inc products and services will be in accordance with the following terms and conditions and that my use of any Pamery Transport Inc products and services  signifies both my acknowledgement and acceptance of the terms and conditions below.

“Communications” means any instructions or information from, or purporting to be from, me or my e-mail address. “I”, “me”, and “my” mean the undersigned corporation, partnership, association, sole ownership or individual; and "Passwords" means the combination of numbers and/or letters I select from time to time, for my use alone, as a means of identifying me and enabling me to access an account or any service. Any reference in this Agreement to “instructions” or “my instructions” refers to instructions received via the Internet, e-mail (“e-mail”), telephone or facsimile.

 I agree to the following:

  1. Authorized  Instructions. I authorize  Pamery Transport Inc  to accept any method of instructions from me. and I understand that Pamery Transport Inc reserves the right to first obtain verbal or written confirmation before executing any such instructions.

  1. Confidentiality. I understand that the Internet is not a secure medium of communication and Pamery Transport Inc cannot guarantee the privacy of customer information inputted on the Pamery Transport Inc website or sent to Pamery Transport Inc via the Internet. In order to assist in protecting customer information, Pamery Transport Inc:

  • will use 128-bit encryption - one of the highest forms of encryption technology available today;

  • will implemented firewalls, cryptographic techniques and stringent internal access procedures; and constantly monitors all internal systems to ensure there has been no security attack or attempted break-in.

I understand that Pamery Transport Inc may outsource certain security measures to third party service providers including service providers located outside of the Caribbean.

  1. Use of e-mail. If I use e-mail to communicate with Pamery Transport Inc , I authorize  Pamery Transport Inc to reply to me by e-mail. This includes sending my confidential information to me at my request. If I am an individual, Pamery Transport Inc will not be required to act on instructions or communications sent by e-mail unless they are sent from an e-mail address that I have designated for e-mail communications. If I am a corporation, partnership, or unincorporated association, Pamery Transport Inc  will not be required to act on any instructions or communications sent by e-mail unless they are sent from an e-mail address that I have designated for e-mail communications and that bears both my name (company name) as well as the name of my Authorized  signatory (individual name).
     

  2. Risks of using e-mail. I understand that Internet e-mail are not secure means of communication and that Pamery Transport Inc does not use encryption or digital signatures for incoming or outgoing e-mail. If I nonetheless choose to do so, I assume full responsibility for the risks of doing so. These risks include the possibility that:

  • someone could intercept, read, retransmit or alter our messages;
    e-mail messages could be lost, delivered late, or not received; 

  • computer viruses could be spread by e-mail causing damage to computers, software or data. Pamery Transport Inc  therefore recommends that all customers use up-to-date virus-checking software

  1. Acting on instructions. Pamery Transport Inc  may act on instructions and information from, or purporting to be from, me as if I had given Pamery Transport Inc  such instructions or information in writing, until Pamery Transport Inc  has received written notice to the contrary.
     

  2. Confirmation of telephone and e-mail instructions. I acknowledge that Pamery Transport Inc  may request that I provide confirmation of telephone and e-mail instructions to Pamery Transport Inc  on the day that they are given by mailing to the Pamery Transport Inc office a written confirmation signed by me. Pamery Transport Inc  may, but need not, notify me of any discrepancy between the instructions as understood by it and the written confirmation from me, provided that the failure to so notify me shall not amount to gross negligence or willful misconduct.
     

  3. Validity of Communications. All my Communications that Pamery Transport Inc  accepts and acts upon will be considered to be valid and authentic. This will be the case even if, among other things, they did not come from me, were not properly understood by Pamery Transport Inc  (except for Pamery Transport Inc ’s gross negligence or willful misconduct) or were different from any of my previous or later Communications. Communications will only be valid at the Pamery Transport Inc  office at which they are received.
     

  4. Doubts as to my Communications. Pamery Transport Inc  does not have to act upon any of my Communications if it is unsure whether they are accurate or are really from me or if Pamery Transport Inc  does not understand them.
     

  5. Payment for Goods & Services.  I agree to give payment instructions several business days in advance of the date on which I wish to obtain goods and services for payments of such to be effective.

  1. Pamery Transport Inc ’s liability. Pamery Transport Inc  will not be responsible for any costs, damages, demands or expenses that I may incur due to Pamery Transport Inc ’s acting or failing to act upon my Communications (except for Pamery Transport Inc ’s gross negligence or willful misconduct). In the event of Pamery Transport Inc ’s gross negligence or willful misconduct, Pamery Transport Inc’s liability will be limited to the amount involved in my Communication. Pamery Transport Inc  will not in any event be liable for any special, incidental, consequential or indirect damages, or for loss of profit.
     

  2. Limitation of Liability. Pamery Transport Inc will not be liable:

a. for communication malfunctions that affect the accuracy or timeliness of messages or instructions between me and Pamery Transport Inc and/or which prevent them from being transmitted in whole or in part;

b. for delays or failures in performance resulting from acts beyond Pamery Transport Inc's reasonable control including but not limited to acts of God, strikes, postal interruptions, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters;

c. if I make a mistake when inputting an instruction;

d. for any harm or loss to my personal computer or any records or data.

 

Unless prohibited by law, I agree that Pamery Transport Inc’s liability with respect to any claim will be limited to the face value of an item or transaction improperly dishonored or paid or the actual value of any deposits not properly credited or withdrawals not properly debited, and that no liability for consequential, special, incidental or punitive damages will exist or can be asserted by me against Pamery Transport Inc.

  1. Indemnity clause. I will indemnify and save Pamery Transport Inc  harmless from any claims, damages, demands and expenses that Pamery Transport Inc  incurs (other than due to its own gross negligence or willful misconduct), including among other things all legal fees and expenses, arising from Pamery Transport Inc  acting, or declining to act, on any of my Communications given under this Agreement. This indemnity is in addition to any other indemnity or assurance against loss provided by me to Pamery Transport Inc .
     

  2. Corporations, Partnerships and Associations. If I am a corporation, partnership or association, Pamery Transport Inc  may only accept my Communications when they are from, or purport to be from, my signing officer(s) who is/are Authorised  to sign. If I am a corporation, I confirm that I have obtained the approval of my board of directors or shareholders, as applicable, to enter into this Agreement.

    I understand that my signing officer can appoint a corporate administrator. My corporate administrator can designate delegate users who have the authority to initiate transactions or obtain information pertaining to my accounts.I agree that such designation by the corporate administrator shall be considered proper authorisation of a delegate user by me and that such authority shall continue to be effective until and unless I give written notification to Pamery Transport Inc that such authority has been revoked or the Administrator removes the individual as a delegate user and Pamery Transport Inc has had sufficient time to process such revocation.
     

  3. Storing information. Pamery Transport Inc  may record and store all information relating to my account in such form and by such means as Pamery Transport Inc  sees fit. I acknowledge that Pamery Transport Inc  is not required to retain or return original items (other than to retain and return to me the items normally returned in accordance with Pamery Transport Inc ’s general practice) or to provide me with copies of any account statements, items or other documents. I understand that Pamery Transport Inc  may, in its discretion and subject to availability, provide me with copies of account statements, items or other documents at my request.

Pamery Transport Inc may maintain a database of my electronic instructions. Pamery Transport Inc's records will be conclusive and binding on me in any disputes, including in any legal proceedings, as the best evidence of my electronic instructions, in the absence of clear proof that Pamery Transport Inc's records are wrong or incomplete. Pamery Transport Inc may rely on my electronic instructions as if I had given them signed and in writing.  If I request copies of any items or other documents and the originals have been transferred to some other storage medium and destroyed, I will accept copies made from that storage medium. I acknowledge that Pamery Transport Inc  is not required to produce copies of any items or other documents if neither the originals nor any copies exist at the time my request is processed. I will pay Pamery Transport Inc  its applicable charges for any searches I request. I acknowledge that Pamery Transport Inc  may, however, require me to pay part of such search fees in advance.

  1. Data processing. Pamery Transport Inc  may use the services of any of its subsidiaries and affiliates or any electronic data processing service bureau or organization in connection with keeping my account. Consent is given for the sharing of information with such subsidiaries, affiliates, electronic data processing services or organization for the purposes of processing information relating to my account, providing contingency backup of data or any other proper purpose. In such a case, Pamery Transport Inc  will not be liable to me by reason of any act, delay or omission of such service bureau or organization in the performance of the services required of it.

  1. Authorization. I understand that by executing this Agreement I authorize  Pamery Transport Inc  to accept and irrevocably honor any and all instructions set out in Section 1 of this Agreement. I further agree that any one of the signatories to this Agreement may authorize these instructions.
     

  2. Changes to this Agreement. Pamery Transport Inc may amend any provision of this Agreement by providing me with notice of the amendment(s) thirty (30) days before such changes take effect. Notice may be provided to me through an Electronic Access Device. If I continue to access any service or if I maintain theses services after the effective date of the amendment(s) that will show I agree and consent to the amendment(s).
     

  3. Other Agreements. The terms, rules, procedures, fees and charges set out in any written or computer-generated instructions, manuals or other such documents relating to any services form part of this Agreement
     

  4. Termination. Pamery Transport Inc may terminate this Agreement at any time without notice. Pamery Transport Inc will have no liability for any loss or inconvenience that may result.
     

  5. General.

a) Business hours. Pamery Transport Inc  will act on any of my Communications during the usual business hours of the Pamery Transport Inc  office at which they are received on the earliest day possible.

b) Monitoring facilities Pamery Transport Inc  will use reasonable efforts to monitor its communications facilities to determine if it has received any instructions or information from its customers. Since Pamery Transport Inc ’s ability to act on my Communications depends upon the normal functioning of various communication facilities, Pamery Transport Inc  is not liable for any delay or failure to receive my Communications.

c) Admissibility. If it wishes, Pamery Transport Inc  may enter any photocopy, computer-generated copy, reproduction, tape recording or transcript of tape recording that Pamery Transport Inc  has of my Communications into evidence in any legal proceeding as if it were an original document. That copy will be sufficient and valid proof of the information contained in it.

d) Changes to list of Authorized  Signatories. I may from time to time notify the Pamery Transport Inc  office of changes to the list of Authorized  signatories. No change to that list is effective until the Pamery Transport Inc  office has received written notice of the change.

e) Notice. Either party may give notice to the other by personal delivery or by fax communication in accordance with this Agreement.

f) Valid agreement. This Agreement is a valid and binding obligation by me, enforceable in accordance with its terms.

g) Severability. If any clause of this Agreement is found by a court to be void or unenforceable, that clause will be severed without affecting any other provisions of this Agreement.

h) This agreement additional. This Agreement is in addition to, and not in substitution for, the terms of any other agreement between Pamery Transport Inc  and me. If any conflict arises between these and any other agreement with me, the terms of this Agreement will prevail.

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