Terms and Conditions

Terms of Service 

Welcome to mysmallbizja.com. Small Bizniz Jamaica provides website features and other products and services to you when you visit or shop at mysmallbizja.com, use Small Bizniz Jamaica products or services, use Small Bizniz Jamaica applications for mobile, or use software provided by Small Bizniz Jamaica in connection with any of the foregoing (collectively, “Small Bizniz Jamaica Services”). Small Bizniz Jamaica provides these Small Bizniz Jamaica Services subject to the following conditions: 

PRIVACY

Please review our Privacy Policy, which also governs your use of Small Bizniz Jamaica Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Small Bizniz Jamaica Services, or send e-mail, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mail, texts, mobile push notices, or notices and messages on this site or through other Small Bizniz Jamaica Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

COPYRIGHT

All content included in or made available through any Small Bizniz Jamaica Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Small Bizniz Jamaica or its content providers and protected by Jamaican and international copyright laws. The compilation of all content included in or made available through any Small Bizniz Jamaica Service is the exclusive property of Small Bizniz Jamaica and protected by Jamaican and international copyright laws. 

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Small Bizniz Jamaica or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Small Bizniz Jamaica Services. This license does not include any resale or commercial use of any Small Bizniz Jamaica Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Small Bizniz Jamaica Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Small Bizniz Jamaica or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by Small Bizniz Jamaica terminate if you do not comply with these Terms and Conditions.

YOUR ACCOUNT

You may need your own Small Bizniz Jamaica account to use certain Small Bizniz Jamaica Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Small Bizniz Jamaica does not sell products on this platform. We rent a digital store to sellers who are responsible for fulfilling orders by packaging same and making orders available for pick up. Goods can be purchased with a credit card or other permitted payment method. Small Bizniz Jamaica reserves the right to refuse service, terminate accounts, terminate your rights to use Small Bizniz Jamaica Services, remove or edit content, or cancel orders at its sole discretion. 

OUR RESPONSIBILITY

Small Bizniz Jamaica has contracted the services of third parties to ship product, as such our liability for any breach that arises as a result of shipping shall not exceed at any time the value of the transaction order value paid by the customer to the seller in connection with the particular service giving rise to the claim.

The seller has contracted the services of Small Bizniz Jamaica to provide payment services.

ELIGIBILITY

The Small Bizniz Jamaica Payment Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Small Bizniz Jamaica from Small Bizniz JamaicaPayment Services. By accepting the Terms and Conditions or by otherwise using the Small Bizniz Jamaica Payment Services on the Small Bizniz Jamaica  Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed or disqualified for any other reason, by Small Bizniz Jamaica. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms and Conditions as part of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the Terms and Conditions, Small Bizniz Jamaica reserves the right to suspend or permanently prevent you from utilising Small Bizniz Jamaica Payment Services or using the Small Bizniz Jamaica Platform. 

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or Quisk account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or Quisk ID which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account or net banking account or Quisk ID. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account or net banking details or Quisk ID. Small Bizniz Jamaica expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account. 

Small Bizniz Jamaica may have existing arrangements with its banks, regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) in the course of a single transaction. Small Bizniz Jamaica will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, Small Bizniz Jamaica shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Small Bizniz Jamaica with its bank from time to time. 

INTELLECTUAL PROPERTY COMPLAINTS

Small Bizniz Jamaica respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at the email listed below[s1] . 

RISK OF LOSS

All purchases of physical items from Small Bizniz Jamaica Sellers are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you[s2]  upon our delivery to the carrier. 

RETURNS, REFUNDS AND TITLE

Small Bizniz Jamaica does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Small Bizniz Jamaica does not take title to the refunded item.

You are entitled to cancel, without giving any reason and without incurring any charge or penalty, any transaction or credit agreement for the supply of-

(a) goods, within seven days after the receipt of the goods; or

(b) services or facilities, within seven days after the date on which the agreement is made.

You cannot cancel the transaction-

a ) where the goods in question-

            (i) are made to the consumer’s specifications;

            (ii) are clearly personalized;

(iii) by reason of their nature cannot be returned; or

(iv) are likely to deteriorate or expire rapidly;

(b) where audio or video recordings or consumer software are unsealed by the consumer

(c) for the sale of newspapers, periodicals, magazines or books;

PRODUCT DESCRIPTIONS

Small Bizniz Jamaica attempts to be as accurate as possible. However, Small Bizniz Jamaica does not warrant that product descriptions or other content of any Small Bizniz Jamaica Seller is accurate, complete, reliable, current, or error-free. If a product offered by Small Bizniz Jamaica itself is not as described, your sole remedy is to return it in unused condition.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Small Bizniz Jamaica services and all information, content, materials, products[s3]  (including software) and other services included on or otherwise made available are provided by Small Bizniz Jamaica on an “as is” and “as available” basis, unless otherwise specified in writing. Small Bizniz Jamaica makes no representations or warranties of any kind, express or implied, as to the operation of the Small Bizniz Jamaica services, or the information, content, materials, products (including software) or other services included on or otherwise made available the Small Bizniz Jamaica services, unless otherwise specified in writing. The Buyer/Seller expressly agree that use of Small Bizniz Jamaica services is at your sole risk.

To the full extent permissible by law, Small Bizniz Jamaica disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Small Bizniz Jamaica does not warrant that the Small Bizniz Jamaica services, information, content, materials, products (including software) or other services included on or otherwise made available through the Small Bizniz Jamaica services, Small Bizniz Jamaica’s servers or electronic communications sent from Small Bizniz Jamaica are free of viruses or other harmful components. To the full extent permissible by law, Small Bizniz Jamaica will not be liable for any damages of any kind arising from the use of any Small Bizniz Jamaica service, or from any information, content, materials, products (including software) or other services included on or otherwise made available through any Small Bizniz Jamaica service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. 

DISPUTES

Any dispute or claim relating in any way to use of any Small Bizniz JamaicaService, or to any products or services sold or distributed by Small Bizniz Jamaica or through shopqmall.com will be resolved by mediation through Dispute Resolution, rather than in court. However, qualified small claims, can be made in a Parish Court.

The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The Parties also agree that suits may be brought to court to enjoin infringement or other misuse of intellectual property rights. 

APPLICABLE LAW

By using any Small Bizniz JamaicaService, you agree that the rules governing mediation in Jamaica will govern these terms and conditions and applicable Jamaican Laws will govern these Conditions of Use and any dispute of any sort that might arise between you and Small Bizniz Jamaica. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

These policies also govern your use of Small Bizniz Jamaica Services. We reserve the right to make changes to our site, policies, Terms of Service, and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

OUR ADDRESS

ADDITIONAL Small Bizniz Jamaica SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Small Bizniz Jamaica Services (the “Small Bizniz Jamaica Software”).

  1. Use of the Small Bizniz Jamaica Software. You may use Small Bizniz Jamaica Software solely for purposes of enabling you to use Small Bizniz Jamaica Services as provided by Small Bizniz Jamaica, and as permitted by these Conditions of Use and any Terms of Service. You may not incorporate any portion of the Small Bizniz Jamaica Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Small Bizniz Jamaica Software in whole or in part. All software used in any Small Bizniz Jamaica Service is the property of Small Bizniz Jamaica or its software providers and is protected by Jamaican and international copyright laws[s4] .
  2. Use of Third Party Services. When you use the Small Bizniz Jamaica Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Small Bizniz Jamaica Software, whether in whole or in part.
  4. We may offer automatic or manual updates to the Small Bizniz Jamaica Software at any time and without notice to you.
  5. In the event of any conflict between these Conditions of Use and any other Small Bizniz Jamaica or third-party terms applicable to any portion of Small Bizniz Jamaica Software, such as open-source license terms, such other terms will govern that portion of the Small Bizniz Jamaica Software to the extent of the conflict.  

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using the relevant Small Bizniz Jamaicaonline form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at[s5] : Kingston 5, Jamaica.

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorize 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 notice is accurate and that you are the copyright owner or authorized by the copyright owner, its agent, or the law.
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