DoulaBiz Buyer Participation Agreement

Buyer Participation Agreement

Welcome to DoulaBiz’s online marketplace (“Web Site”). Any person who wants to access our Web Site to purchase goods or services (“Products”) must accept the terms and conditions of this Buyer Participation Agreement without change.

These Terms & Conditions (“Terms”) form part of the Buyer Participation Agreement (“Buyer Agreement”) entered into between the DoulaBiz Limited, a company incorporated under the Companies Act, having its registered office at Suit #6, 16 Kingslyn Avenue, Kingston 10, Jamaica (“Company“) and you, the Buyer (“Buyer“).

BY CHECKING THE “ACCEPT” BOX NEXT TO THIS AGREEMENT ON OUR WEB SITE, YOU WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS BUYER PARTICIPATION AGREEMENT.

1. Background:

The domain name www.DoulaBiz.com (hereinafter referred to as “Portal/Website“) is owned by the Company and operates as an online e-commerce marketplace for the display, advertising and sale of products and services by various Vendors to the end users (“Buyers/Users/Buyers”) and provides related services to the Vendors and to the Buyers of the Portal on behalf of the Vendors (as the Vendor’s service provider). The Company shall act as Vendor’s service provider in relation to the sale of  Products on our website.

2. The Marketplace

DoulaBiz provides an online service that allows third party Vendors to sell their Products to Buyers. DoulaBiz does not act as the agent for either Buyers or Vendors. Our service provides a platform for these transactions to take place.

Accordingly, the contract formed at the completion of a purchase is solely between Buyer and Vendor. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of the Buyer and Vendor that are the parties to that transaction. DoulaBiz is not obligated to mediate between parties or enforce or fulfill any contracts. DoulaBiz wants its Buyers to have satisfying buying experiences. It has adopted policies and procedures designed to satisfy both Buyers and Vendors. DoulaBiz may attempt to resolve buy/sell issues, even though it may not have the duty to do so, but it does not guarantee the integrity of any transaction between any Buyer and any Vendor.

3. Account Setup

You must login with an existing account or with your Google or FaceBook account (the “Account”) in order to complete a purchase on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. DoulaBiz is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.

4. Eligibility and Registration Requirements

              i.        Buyer registration is limited to parties that can lawfully enter into and form contracts under the laws of Jamaica. DoulaBiz does not permit individuals under the age of 18 years to participate in our marketplace Services.  Minors are not allowed to buy on our marketplace.

            ii.        To register as a Buyer on our Web Site to complete your purchase, you must provide your real name, your actual address to which the product is to be delivered, your actual phone number, your actual e-mail address, and agree to the buyer agreement. You warrant to DoulaBiz that the information you provide during the registration process (and any notification of change of such information) is true and correct. If such information should change, you promise that you will notify DoulaBiz promptly of the particular changes.

           iii.        You are responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and you are solely responsible for any use of or action taken under your password on this Web Site. If your password is compromised you must change your password.

5. Services provided by the Company

As part and parcel of the Services, the Company shall carry out the following functions for and on behalf of the Vendor for consideration as agreed under the Vendor Agreement.

a)    Facilitation of Sale of Products through our website:

  1. Provide Buyer / Users of the website:
  1. Information and assistance in relation to the listed Products and sales thereof,
  2. Information in relation to status of the orders, and
  3. Operating a Buyer service helpdesk for other inquiries in relation to Products and orders, Buyer complaints and grievances.

6. Ordering, Packaging and Delivery:

              i.        The website enables Buyers to shop online and place orders for the Product(s) they wish to purchase.

            ii.        Upon receiving the confirmation and full payment of the order by the Buyer, the Company will advise the Vendor who will package the Product and have it ready for collection by the courier within 24 hours, or within the time specified on the product details.

           iii.        The Company shall take all commercially reasonable steps to keep the Buyer informed of any delays which may take place in the delivery of any Product.

 

a)    Payment for Products:

              i.        The Company shall collect the payments from you the Buyer on behalf of the Vendor as its service provider.  The Company will process user orders and collect all amounts due from you for Products ordered through the Website.  Our acceptance of your order brings into existence a legally binding contract between us.

            ii.        The Buyer shall be given the choice to make payments for the purchase of the Product by way of online payments, cash on delivery or any other legal methods of payment as may be available on the website from time to time.

           iii.        DoulaBiz’s receipt of funds from the Buyer is deemed the receipt of funds by Vendor.

           iv.        In addition to the product price listed on our website, Buyer must also pay all postage and other delivery charges, and any customs and excise (including sales and use) duties and any other assessments and taxes associated with the sale (if applicable, and including any such taxes on the delivery charges).

7. Return & Refund

  1. The Company has a Return and Refund Policy (“R&R Policy”) which is applicable to the sale of Products through the website.

8. Buyers Requirements/Obligations

  1. Poduct Listings. The Vendor is the true owner of the Product or is properly authorized to sell the Product by the true owner and is able to transfer good title to the Product free from any third party claims, liens or encumbrances and all Product Listing information on DoulaBiz.com is accurate, complete, current, and is not misleading or deceptive in any manner.
  2. Permits and Licenses.Buyers will, at its own expense, obtain all permits and licenses required by Applicable Law to buy or import products purchased on our website. 
  3. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem, in writing at support@doulabiz.com or contact our customer service team at 876-615-2222 or the Vendor, within 48 hours of the delivery of the goods in question. 
  4. Shipping. All orders will be shipped to Buyers as soon as possible, or within 48hrs or within the time specified in the product details.  All orders made through DoulaBiz.com will be shipped to you via a courier of DoulaBiz choice, unless they are In-Store Pickup orders.   
  5. Overdue Orders. DoulaBiz reserves the right to cancel any Order that fails for any reason to ship within the applicable shipping period. If we cancel your order we will notify you by email and will refund you as soon as possible but in any event within 30 days of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
  6. Warranty and after-sales service. The Vendor shall (either itself or through its Suppliers) be responsible for all warranty and after-sales services relating to the Products as per its standard product warranty and maintenance contracts and the Buyer shall keep the Company fully indemnified in this regard.

9. Delivery Charges.

For Items listed for sale through our Web Site, a delivery charge of $1,000 is applicable for the first 5lbs and then an additional $35 per pound thereafter, or as posted from time to time on our Web Site.  Delivery charges are subject to change at any time and without notice.

10. Title and Risk in relation to the Products

  1. No risk to the Products shall pass to the Company at any point of time for any reason whatsoever. The risks to the Products shall be deemed to pass directly from the Vendor to the Buyer upon delivery of the Products to the Buyer.
  2. Notwithstanding anything to the contrary contained herein, it is clarified and agreed that any and all liabilities arising in connection with any defect, fault or shortcoming in the Product(s) shall be of the Vendor or its Supplier alone and this provision shall survive the termination of the Buyer Agreement together with these Terms & Conditions.

11. Confidentiality

The Buyer shall keep the contents of these Terms & Conditions of the Buyer Participation Agreement in strict confidence and shall make no announcement or disclosure without the prior written approval of DoulaBiz save in respect of (i) disclosures necessary to be made to your consultants, advisors, employees / directors on a need-to-know basis and provided that such third parties are bound by obligations of confidentiality; and (ii) disclosures required by law.

12. DoulaBiz's Reservation of Rights

DoulaBiz retains the right, if it considers it appropriate, to: immediately halt any purchase of Products; prevent or restrict access to our Web Site or the Services; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, and ratings.

13. Intellectual Property Rights

  1. The Company shall own all rights in any intellectual property created by the Company under these Terms & Conditions, including material, designs, graphics created and / or developed by the Company.

  2. Subject to the provision of contained herein, the Company owns and shall exclusively own all rights (including all intellectual property rights), title and interest in respect of the Portal / Website.

14. Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED AT LAW, DOULABIZ WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, STATUTE OR OTHER RULE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS OR GOODWILL, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE BUYER PARTICIPATION AGREEMENT, OUR WEB SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR RATINGS POSTED TO OUR WEB SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER OR NOT DOULABIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15. Indemnification

Buyer agrees to defend, indemnify and hold harmless DoulaBiz Limited, and its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns (“Indemnities”), from and against any and all liabilities, demands, losses, damages, costs, expenses, fines, amounts paid in settlements or judgments, including without limitation, costs, reasonable attorneys’ fees, witnesses’ fees, investigation expenses, cost of management time, any and all out-of-pocket expenses, consequential damages, and all other expenses and costs incident thereto (collectively referred to as “Damages”), whether actual or alleged (even though such allegations may be false, fraudulent or groundless), arising out of or relating to any of the following (collectively, the “Claims”):

              i.        any breach or alleged breach of the Representations and Warranties within this Agreement;

            ii.        infringement, misuse, dilution, misappropriation, or other violation of any intellectual property rights of third parties, including copyright, patent, trademark, trade secret, domain name, right of publicity, or confidentiality or other proprietary rights;

           iii.        death of or injury to any person, damage to any property, or any other damage or loss, by whomsoever suffered, resulting or claimed to result in whole or in part from any latent or patent defect in Products, including improper manufacture, construction, assembly, installation, repair, display, packaging, service or design of Products, failure of Products to comply with any specification or samples or with any express or implied warranties of Vendor, or any claim of strict liability in tort relating to Products;

           iv.        any violation by Vendor (or its affiliates, or their respective Personnel of each of them) in the manufacture, construction, assembly, installation, repair, display, packaging, possession, service, design, use, delivery or sale of Products (“Production or Sale”) of any Applicable Law of Jamaica, or any other country in which the Production or Sale of Products took place;

            v.        the publication of Vendor Content and product information Vendor supplies to DoulaBiz to display in Products Listings;

           vi.        the packaging, tagging, labelling, packing, shipping, delivery and invoicing of Products;

          vii.        failure to warn or to provide adequate warnings or instructions in the use, assembly, service or installation of Products;

        viii.        the packaging, labelling or false advertising claims made by Buyer;

           ix.        the display, assembly or installation of Products,

            x.        a breach of any of the Vendor’s representations and warranties contained herein;

           xi.        any breach or alleged breach of this Agreement by Buyer or Buyer’s agents or employees;

          xii.         any claim by a local, state, or federal government entity for violating any Laws related to the purchase or use of alcohol;

16. Force Majeure

Neither Party will be liable to the other for any failure to perform its obligations under this Agreement to the extent such failure is due to war, riots, embargoes, strikes or other concerted acts of workers, casualties, accidents or other causes to the extent that such failure and the consequences thereof are reasonably beyond the control and without the fault or negligence of the Party claiming excuse.

17. Ratings and Feedback

  1. Participants may leave feedback (“Feedback”) about other Participants relating to the other Participants’ performance in selling Items on our Web Site and using the Services. Further, buyers may rate a Vendor by using a “positive,” “negative” and “neutral” rating system (“Rating”). You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on our Web Site. DoulaBiz is not responsible for checking or editing the Feedback or Ratings on our Web Site.

YOU CONSENT TO THE PUBLICATION OF, AND AUTHORIZE DOULABIZ TO PUBLISH, FEEDBACK AND RATINGS EVEN THOUGH SUCH FEEDBACK OR RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH DOULABIZ MAY BE AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU RELEASE DOULABIZ FROM AND WAIVE ALL RIGHTS AGAINST DOULABIZ IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY DEFAMATORY COMMENTS ABOUT YOU IN SUCH FEEDBACK AND RATINGS.

  1. When submitting Feedback and Ratings, you must comply with the Feedback Guidelines in our Terms and Conditions. You agree to indemnify and hold harmless DoulaBiz (and its their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on our Web Site.

Do not include links in Buyer comments

18. No Warranties

OUR WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. DOULABIZ MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF VENDORABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT OUR WEB SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEB SITE WILL BE AS REPRESENTED BY VENDORS, LAWFUL TO SELL, OR THAT VENDORS OR BUYERS WILL PERFORM AS PROMISED; (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF DOULABIZ. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DOULABIZ DISCLAIMS ANY AND ALL SUCH WARRANTIES.

BECAUSE DOULABIZ IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND VENDORS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE DOULABIZ (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

19. General Provisions

  1. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
  2. No Agency; Third-Party Beneficiary. DoulaBiz is not any Vendor’s or any buyer’s agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended to be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement.
  3. Severability. If any provision of this Agreement should be deemed unlawful, void or (for any reason) unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
  4. No Waiver. DoulaBiz’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of DoulaBiz’s right to enforce such provision or any other provisions of this Agreement.
  5. Variations. This Buyer Participation Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. DoulaBiz reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing our Web Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the updated Buyer Participation Agreement on our Web Site. 

YOUR CONTINUED USE OF THIS WEB SITE AND THE SERVICES FOLLOWING DOULABIZ’S POSTING OF THE UPDATED BUYER PARTICIPATION AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICES OR THIS WEB SITE.

  1. Notices. Notices can be sent to to DoulaBiz as follows:

Email:  support@doulabiz.com   

Or mail to:

DoulaBiz Ltd

Suite #6, 16 Kingslyn Avenue, Kingston 10, Jamaica

20. Electronic Execution

These Terms & Conditions are being executed electronically and shall form a binding agreement between the Parties and no Party shall claim invalidity of these Terms and Conditions merely on the grounds that these Terms and Conditions are being executed electronically.

21. Governing Law and Jurisdiction

These Terms and Conditions together with the Vendor Agreement shall be read and construed in accordance with the laws of Jamaica. All disputes arising out of or in relation to these Terms and Conditions and/or the Vendor Agreement shall be subject to the exclusive jurisdiction of courts in Jamaica.

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