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Terms & Conditions

1. We are Deal Cart Ltd and we own and operate this website, https://www.dealcart.com (the 'Site'). We are generally referred to throughout the Site as "We, Us or Our”. The governing laws for all transactions done on this site shall be the laws of Jamaica. All statutory provisions unless those expressly varied per contract shall be implied by law. The interactions and digital signatures on this site shall be legal and binding as per the Electronic Transactions Act of Jamaica.

2. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use and all of our associated terms & conditions and policies. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time 
(including where you breach any of these Terms of Use).

5. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during 
periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

6. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7. We provide the Site on an 'as is' basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

7.1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

7.2. any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

8. This site is constantly monitored by the IT Department of DealCart.com and they reserve the right to suspend, expel or otherwise deal with any user that uses the platform contrary to this term of use or in clear abuse to any other user of this site. Such action may be taken without prior notice to the user of same. This shall include misrepresentation, mistakes, fraud, spam, indecent contents inter alia.

9. Vendor User Policy - All users of this site that engages our vendor platform will be bound by the terms and conditions hereof.

9.1 Indemnification

9.1.1 The vendor shall indemnify the operators of this platform against all actions and/or suits relative to said interactions with any third parties or purchaser of the product merchandised under our platform. Further, we accept no liability or give any assurance for content posted by other users of the platform.. We give no warranty as to the use and or quality of any product merchandized through our platform and all such liability shall fall on the vendor who shall provide all material information relative to the business,  failing which the vendor shall provide personal address for service of notices.

9.2. Delivery of Goods

9.2.1 Internal Logistics When delivery is undertaken by this means, DealCart shall not be held liable for any delay or unforeseeable loss or damage to the customer and/or vendor of the platform. All packages will be subject to inspection upon receipt at our warehouse by one of our agents. The inspection receipt produced at this point shall be for internal purposes and give no warranty of the product being fit for any particular use or quality. Any harmful, malicious or improperly labeled product which may result in harm to any DealCart employee or customer shall be escalated dependent on severity and within the laws of the governing jurisdiction. Further, once the delivery sheet is endorsed by the customer, the customer warrants that the item received by same is in fit and proper condition. The endorsed delivery sheet will be returned to the administrative office of DealCart.com and the vendor's disbursement shall be processed thereof.

9.2.2 Direct Delivery/ Shipping DealCart.com shall not be held liable whatsoever for any direct interaction or delivery done between the vendor and customer. Any report made to DealCart.com by a customer concerning the improprietory of any vendor shall be dealt with within Three (3) working days. DealCart.com shall not release any funding to the vendor until the issue is addressed. Further, if the transaction is found to be frustrated or otherwise contaminated, once the item is delivered to our warehouse to be held on the vendor's behalf, the customer shall be entitled to a refund less the transactional fees incurred for same.

9.3 Misrepresentation - Innocent and Fraudulent

9.3.1 Any transaction which shall be entered into on this platform based on misrepresented information will result in the cancellation of the transaction and reversion of the funding less the transactional fees.

9.3.2 If such misrepresented information is reported after the delivery of the product and release of the funding thereof, the customer shall forego such reversion policy upon the execution of the delivery sheet. Any claim arising out of same shall be directly addressed to the vendor as the liable party. DealCart.com reserves the right to suspend the vendor's account pending the resolution of same. 

9.3.3 The product line for the misrepresented product shall be disabled by DealCart.com  and the vendor shall justify same within Seven (7) days failing which it will be completed deleted from the platform.

9.4 Verbal representations and Final Agreement

9.4.1 This constitutes the entire agreement between the vendor and DealCart.com. Any variation or other amendment to same shall only be observed if made in writing between a director of DealCart.com and the relevant party.

9.5 Force Majure

9.5.1 There shall be no claim arising from the customer or vendor by virtue of any default of the company given any fire, flood, other natural disaster or force majure. Such eventuality which may have incapacitated the company shall not be held against the company.

9.6 Intellectual Property

9.6.1 The right to any content posted on DealCart.com shall be reserved to the party that posted said content. We make no intellectual property declaration and same shall be dealt with under the governing laws. Such party, however, shall be responsible for any breach of copyright or other infringement brought by any third party.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.