Terms of Use
Effective Date: January 6, 2025
​
Welcome to VirtualKendesk.com! By accessing or using our website, services, or content (collectively, the “Website”), you agree to comply with and be bound by these Terms of Use. Please read them carefully before using the Website. If you do not agree with any of these terms, you should not use our Website.
​
These Terms of Use govern your access to and use of VirtualKenDesk.com, and they form a legally binding agreement between you and Virtual Kendesk Limited, (the "Company," "we," or "us").
​
1. User Conduct
1.1 Content Responsibility
You are solely responsible for any content you upload, post, or otherwise make available through our Website. This includes text, images, videos, links, or any other form of media (collectively, "User Content").
​
1.2 Prohibited Uses
You agree not to use our Website for any illegal, unlawful, or unauthorized purposes. This includes, but is not limited to:
-
Posting or transmitting content that is obscene, defamatory, harassing, discriminatory, or otherwise offensive.
-
Engaging in any activity that infringes upon intellectual property rights or violates laws and regulations.
1.3 Spam and Solicitation
You agree not to use the Website for unsolicited advertising or spam, including soliciting personal information from other users.
1.4 Compliance with Laws
You agree to comply with all local, state, and national laws and regulations when using our Website.
2. Forum Guidelines
2.1 Respectful Communication
The Forum is a space for users to engage in meaningful discussions. You agree to respect the opinions of others and refrain from engaging in disrespectful or disruptive behavior.
2.2 Relevant Contributions
Please ensure your posts are relevant to the topic at hand. Off-topic discussions or posts may be removed by administrators or moderators.
2.3 Impersonation
Impersonating other users or misrepresenting your identity is prohibited. You must use your true identity when participating in the Forum.
2.4 Reporting Violations
If you encounter any violations of these guidelines, please report them to the Website administrators immediately.
3. Intellectual Property
3.1 Ownership of Content
All content and materials available on the Website, including but not limited to text, images, logos, and designs, are protected by intellectual property laws such as copyright, trademark, and trade secret laws. The Website owns or has licenses for all such intellectual property.
3.2 Limited Use License
You may view, download, and print content from the Website for personal, non-commercial use only. Any other use, including reproduction, modification, distribution, or display, requires prior written permission from the Website.
3.3 User Content License
By posting or submitting any User Content, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, reproduce, and distribute your content for any purpose related to the Website’s operation, including promotional use.
4. Termination
4.1 Termination by the Website
We reserve the right to suspend or terminate your access to the Website at any time, without notice, for any reason, including for violating these Terms of Use.
4.2 Termination by User
You may terminate your use of the Website at any time by ceasing to use the Website. Upon termination, you must remove any content you have uploaded.
5. Disclaimer of Warranties
5.1 No Warranty of Availability or Accuracy
We make no representations or warranties about the availability, accuracy, or reliability of the Website, including any content available on the Website. We do not guarantee uninterrupted access to the Website, and we are not responsible for any errors, omissions, or defects in the Website’s content.
5.2 As-Is Basis
The Website is provided "as is" and "as available," and we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
6. Limitation of Liability
6.1 Exclusion of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Website, even if we have been advised of the possibility of such damages.
6.2 Maximum Liability
In no event shall our total liability exceed the amount you have paid, if any, for access to the Website.
7. Indemnification
7.1 Indemnification Obligation
You agree to indemnify, defend, and hold harmless Virtual Kendesk Limited, its employees, contractors, and affiliates from any claims, damages, losses, or expenses, including legal fees, arising from your use of the Website, your violation of these Terms of Use, or your violation of any rights of third parties.
8. Governing Law and Jurisdiction
8.1 Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law principles.
8.2 Dispute Resolution
Any disputes arising under or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the courts in Jamaica.
9. Modification of Terms
9.1 Right to Modify
We reserve the right to modify these Terms of Use at any time. If we make material changes, we will notify you via a notice posted on the Website or by sending an email to the address you provided.
9.2 Continued Use
Your continued use of the Website after such modifications will constitute your acceptance of the modified Terms of Use.
10. Privacy Policy
10.1 Collection and Use of Personal Information
We collect personal information as described in our Privacy Policy, which is incorporated into these Terms of Use by reference.
10.2 Consent to Privacy Practices
By using the Website, you consent to the collection, use, and sharing of your personal data as outlined in our Privacy Policy.
11. Entire Agreement
11.1 Full Agreement
These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website.
11.2 Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be modified or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Contact Information:
If you have any questions or concerns about these Terms of Use, please contact us at info@virtualkendesk.com.