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TERMS OF USE AGREEMENT

Last Updated: May 1, 2023

The summaries of provisions under “More simply” are provided as a courtesy to help you understand this Agreement, but they are not legally binding and do not modify this Agreement in any way.

 

1. Scope of Agreement

This Terms of Use Agreement (“Agreement”) is between you and BorderPass Barbados (“BorderPass”), and governs your use of the website located at www.borderpassbarbados.com (including all subdomains) (the “Site”) and the services provided by BorderPass (the “Services”). By accessing or using the Site or the Services, you agree to be legally bound by this Agreement. Your use of the Site and Services is also subject to the terms of the BorderPass Privacy Policy. If you do not agree to the terms of this Agreement and the Privacy Policy, you may not access or use the Site or Services. The Site and Services are intended for use by persons 18 years of age or older. If you are under 18 years of age, you may not access or use the Site or Services.

 

MORE SIMPLY

If you use the BorderPass website or services, you are agreeing to these terms. If you don’t agree to the terms, or if you are under 18 years of age, you may not use the website or services.

 

2. Description of Services; No Affiliation with the Barbados Immigration Department ("BID")

BorderPass is a platform designed to assist you in completing Barbados Immigration Services forms as well as forms required by other governmental agencies. BorderPass provides information and step-by-step instructions intended to make the completion of such forms less confusing. BorderPass is not affiliated with or endorsed by the BID or any Barbados government agency. All BID and other forms are available without cost from the BID and other applicable agencies. Use of the BorderPass Site and Services is not required to complete and file such forms.

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The Barbados Immigration Department ("BID") is the government agency that oversees many Barbados immigration services. The BID provides immigration forms for free. BorderPass is a private entity and has no affiliation with BID. You are not required to use BorderPass to complete BID forms.

 

3. BorderPass is Not a Law Firm

BORDERPASS IS NOT A LAW FIRM. SOME OF THE PEOPLE WHO OWN / MANAGE BORDERPASS ARE NOT LAWYERS. THIS MEANS THAT SOME SERVICES / PROTECTIONS, LIKE ATTORNEY-CLIENT PRIVILEGE, MAY BE DIFFERENT FROM THOSE YOU COULD GET FROM A LAW FIRM. IF YOU HAVE QUESTIONS, PLEASE CONTACT OUR CUSTOMER CARE CENTER AT INFO@BORDERPASS.

MORE SIMPLY

BorderPass s is not a law firm. 

4. Accounts and Information

In order to access and use some aspects of the Site and Services, you will be required to create an account and establish a username and password. If you create a BorderPass Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date. You agree not to impersonate anyone else. You are responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorise anyone else to use your username and password. You are solely responsible for all actions taken under your account. You agree to notify BorderPass promptly in the event you learn of any unauthorised use of your account. By creating an account, you agree that you may receive electronic communications from BorderPass and its affiliates, including offers, newsletters, account notices and updates. If at any time you no longer wish to receive such electronic communications, you may opt-out by clicking the designated link in the communication.

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You may need to create an account with BorderPass. If you do, you will only provide accurate information about yourself. You agree not to share your account access credentials with others, and will be responsible for anyone’s use of your account. When you create an account, you give us permission to email you with offers, newsletters, and general information about the application process. If you don’t want us to email you with offers and newsletters, you can unsubscribe using the link in any email we send to you.

5. Access to and Use of Site and Services

5.1. License Grant to You

Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and Services solely in the manner authorised and intended by BorderPass. Any rights not expressly granted in this Agreement are expressly reserved by BorderPass. The resale or distribution of materials made available on the Site without the express, written consent of BorderPass is prohibited. All such materials are authorised only for your own personal use.

MORE SIMPLY

We are granting you permission to use our website and services, but only in the ways described in this agreement. You can’t transfer this permission to others. You can’t sell or give the information or content we provide to you to others.

5.2. Restrictions on Your Access To and Use of Site and Services

In connection with your access to or use of the Site or Services, you are prohibited from:

  • accessing data not intended for you or logging onto a server or an account which you are not authorised to access;

  • using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);

  • using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

  • attempting to probe, scan or test the vulnerability of a BorderPass system or network or to breach security or authentication measures without proper authorisation;

  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;

  • sending unsolicited email, including promotions and/or advertising of products or services;

  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;

  • copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from BorderPass software, BorderPass Content or User Content that is not your own;

  • distributing viruses, malicious code, malware or any other technologies that may harm BorderPass, the Site, the Services or a user;

  • violating or circumventing any applicable laws, regulations or BorderPass technical measures, security measures or policies;

  • violating, infringing, or breaching the rights of BorderPass or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;

  • submitting to the Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content; or

  • knowingly withholding or failing to disclose information requested by BorderPass or required to be included or disclosed on a BID form or other government form or engaging in any action that constitutes fraud.

Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by BorderPass or required to be included or disclosed on a BID form or other government form may result in your application being denied by the applicable government agency and BorderPass will not have any liability to you as a result of such actions.

Violations of system or network security may result in civil or criminal liability. BorderPass will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

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Even though we are giving you permission to use our website and services, there are a number of actions you are not allowed to do. These actions include gaining access through certain prohibited means, interfering with other users, breaking the law, or introducing viruses into our website and systems. If you engage in any of these actions, we may inform authorities, and you may incur legal liability.

5.3. License Grant by You

When you transmit any information, content, materials or data to or through the Site or Services, other than information, content, materials or data submitted for the purpose of creating your account or for preparing applications and/or forms (“User Content”), you hereby grant BorderPass and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. BorderPass shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that BorderPass’ use of such User Content does not violate or infringe upon the rights of any person or entity.

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Some of the services we offer require you to provide us information. We may also allow you to publish information or materials on our website at your option. If you provide us information or materials, you grant us the right to use and process the information without any further permission from you and without compensation to you. You acknowledge that you own or have the right to provide us with any information you submit.

 

6. Service Fees

6.1. Service Fees

While BorderPass makes a large amount of information available without cost, it charges fees for some of its services (“Service Fees”). All Service Fees will be set forth on the Site. BID and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and must be paid to the applicable government agency at the time of filing. Unless you have included the BID fee payment option with your application, or we indicate otherwise, you remain responsible for paying Government Fees directly to the applicable government agency. Because Government agencies change their fees from time to time, the Government Fees required to be paid at the time your application is ready to be filed may be different from the Government Fees communicated to you at the time you purchased our Services. If you included the BID fee payment option with your application, and the applicable Government Fees have increased, BorderPass reserves the right to require payment of the difference between the Government Fees originally communicated to you and the Government Fees required at the time your application is filed.

MORE SIMPLY

We charge fees for some services. Those fees will be listed on our website. Our fees do not include separate fees charged by BID or other government agencies, which we will clearly communicate to you.

6.2. Payment of Service Fees

When you purchase services for which Service Fees apply, you will be required to provide BorderPass with valid, up-to-date credit card or other payment information. You authorise BorderPass to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, BorderPass will have no obligation to provide the services associated with those Service Fees. Missing a payment due date, for any reason, will make you ineligible for our BID fee payment service, unless you have paid to us at minimum the amount of Government Fees that BorderPass will be paying to BID on your behalf.

MORE SIMPLY

To pay for our services, you’ll need to use a credit card or other approved method of payment. We require accurate information about your payment method in order to process payment. If we can’t process your payment, we don’t have to provide services to you.

6.3. Treatment of Fees Paid

Our goal is to make your process as smooth as possible. In order to accomplish this, we have invested heavily in developing the technology necessary to complete your process. The fees you pay BorderPass for Service Fees are a payment for these technological resources made available to you and, as such, are considered earned upon receipt. Any money delivered to BorderPass to cover Government Fees will be kept separately from any Service Fees and will be returned to you at any time upon your request made prior to payment to the applicable government agency.

6.4. Refunds/Credits

Once your application has been reviewed and it is ready to print, you are ineligible for a refund. The determination of whether to issue a refund or credit shall be made in BorderPass’ sole discretion, in good faith, and we reserve the right to deny a request a refund or credit.

 

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In the unlikely event you’re not happy with our services, please contact us. We’ll try to resolve the issue and we may provide a refund or issue a credit if appropriate.

7. Ownership and Intellectual Property Rights

All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Services, other than User Content (collectively, “BorderPass Content”), is the property of BorderPass or its licensors. BorderPass Content is intended solely for personal, non-commercial use. No right, title or interest in any BorderPass Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the BorderPass Content, the Site or any related software. BORDERPASS BARBADOS and the BorderPass Logo are trademarks of BorderPass. 

MORE SIMPLY

Our website (including software underlying the website) and its contents are owned by BorderPass or others who have given BorderPass permission to use the contents. While we are giving you permission to use our website, we are not transferring any ownership of the website or its contents to you. You are not allowed to make copies of our website or its contents.

8. Copyright Infringement 

BorderPass respects the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is BorderPass’ policy to terminate the access privileges of those who repeatedly infringe the copyrights of others.

 

Submitting a Copyright Infringement Notification

If you believe that any material appears on the Site in a way that infringes the copyright in a work owned by you, please send a notification containing the following information to BorderPass’ Copyright Agent:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

  • a description of the work in which you hold a copyright interest which you believe is being infringed;

  • a description of the location on this website where the allegedly infringing material is located (preferably including a URL address);

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

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 If you think material owned by you and protected under copyright laws is being used by BorderPass without your authorisation, you can follow the steps outlined above to notify us.

9. Third Parties; Third Party Content and Services

References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. BorderPass does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, BorderPass is not a lawyer referral service, and makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site, including whether any such law firm or attorney is licensed, qualified, competent or otherwise capable of providing adequate legal advice regarding your specific legal issues. BorderPass may provide links to third-party websites. BorderPass is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.

 

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We may reference other people or companies on our website, including attorneys or law firms, and we may provide links to other websites, including law firm websites. However, by doing so, we’re not stating our approval of those other people, companies or websites, nor are we making any promises about them. We are not a lawyer referral service. If you visit a website we link to, we are not responsible for anything that occurs with respect to your access or use of that website.

10. Disclaimer of Warranty

THE SITE AND THE SERVICES ARE PROVIDED BY BORDERPASS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BORDERPASS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BORDERPASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BORDERPASS DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT BORDERPASS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER. 

 

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We make no promises about the website or services we provide, and do not guarantee that our services are right for you. You are responsible for determining whether or not you should use our website or services. While we strive to provide accurate information, we can’t guarantee that our information will always be up to date or error-free. If you do use our website or services, you do so at your own risk.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BORDERPASS, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BORDERPASS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL BORDERPASS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

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Our liability to you resulting from your use of our website or services will be limited to the amount of fees you paid to us during the six months immediately before any event that you believe gives rise to our liability.

12. Indemnification

You agree to defend, indemnify and hold harmless BorderPass, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Site or Services, or your breach of any applicable law or infringement of the rights of a third party. BorderPass shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, BorderPass, financial or otherwise, without the written consent of BorderPass.

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If you use our website or services in a manner that we prohibit, or otherwise breach this Agreement, or you violate applicable laws or the rights of third parties, you will be responsible for covering any expenses we incur (including attorneys’ fees and other legal expenses) as a result of your actions.

13. Termination

This Agreement shall remain in force and effective unless and until terminated as provided in this Section. You may terminate this Agreement at any time by providing written notice to BorderPass, via email to contact@borderpassbarbados.com. Except where you terminate this Agreement due to an uncured material breach of this Agreement by BorderPass or where you terminate this Agreement. BordePAss may terminate this Agreement immediately with or without notice, and/or may deny you access to the Site or Services, in BorderPass’ sole discretion, in the event you breach, or threaten to breach, any term of this Agreement. If you have already paid for Services and have been found to be in violation of this Agreement, your account will be deleted without notice and no refund of Service Fees will be made. Unless otherwise agreed to by BorderPass in writing, this Agreement shall terminate automatically on that date which is 12 months from the date of your application.

Upon any termination of this Agreement, you must immediately discontinue use of the Site and Services.

Sections 7 and 10-14 shall survive any termination of this Agreement.

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Both of us have the right to terminate this Agreement by providing notice to the other. If this Agreement is terminated, you must stop using our website and services.

14. Miscellaneous Terms

14.1. Consent to Electronic Communications

You consent to receive communications from BorderPass electronically, and you agree that all agreements, notices, disclosures and other communications that BorderPass provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.

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You are agreeing that we can communicate with you electronically.

14.2. Assignment.

You may not assign your rights under this Agreement without the prior written permission of BorderPass and any attempt by you to do so shall be null and void.

 

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This agreement is between you and BorderPass, and you can’t assign your rights under the Agreement to someone else.

14.3. Waiver

The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

 

MORE SIMPLY

If either of us chooses not to take action for a breach of this Agreement by the other, that doesn’t mean that we are waiving our right to take action for a separate breach.

14.4. Severability

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

MORE SIMPLY

If a court or arbitrator determines that a provision of the Agreement is invalid, that doesn’t affect the other provisions.

14.5. Changes to Agreement

BorderPass may make changes to this Agreement at any time. If we make any material changes we will notify you via email if you have created an account (sent to the e-mail address specified in your account) or by posting the revised Agreement on the Site prior to any changes becoming effective. You should review our Agreement each time you access the Site or use the Services. Your continued use of the Site or Services following the posting of any changes or notice to you of the changes constitutes your agreement to such changes.

 

MORE SIMPLY

We might change these terms. If we make material changes, we’ll provide notice before the changes take effect. If you use our website or services after the change takes effect, you are agreeing to the new terms.

14.6. Governing Law

This Agreement will be construed in accordance with and governed exclusively by the laws of Barbados applicable to agreements made among Barbadian residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles.

 

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The laws of Barbados applies to this Agreement.

14.7. Entire Agreement

This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and BorderPass, and supersedes any and all other oral or written agreements or understandings between the parties.

MORE SIMPLY

This Agreement is the entire agreement between us, and there are no other terms to our agreement other than the terms you see here.

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