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    DoulaBiz Vendor Participation Agreement

    Vendor Participation Agreement

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

    These Terms & Conditions (“Terms”) form part of the Vendor Participation Agreement (“Vendor 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 Vendor (“Vendor“).

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

    Table Of Contents

    1. BACKGROUND
    2. The MARKETPLACE
    3. ACCOUNT SETUP
    4. ELIGIBILITY AND REGISTRATION REQUIREMENTS
    5. PRODUCTS
    6. SERVICES PROVIDED BY THE COMPANY
    7. PAYMENT TERMS
    8. RETURN & REFUND
    9. VENDOR REQUIREMENTS/OBLIGATIONS
    10. LISTING CONSTITUTES OFFER
    11. DELIVERY CHARGES
    12. LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY
    13. TITLE AND RISK IN RELATION TO THE PRODUCTS
    14. CONFIDENTIALITY
    15. DOULABIZ'S RESERVATION OF RIGHTS
    16. INTELLECTUAL PROPERTY RIGHTS
    17. REPRESENTATION AND WARRANTIES OF THE VENDOR
    18. LIMITATION OF LIABILITY
    19. INDEMNIFICATION
    20. FORCE MAJEURE
    21. RELATIONSHIP OF VENDOR AND DOULABIZ LTD (“PARTIES”)
    22. USE OF SUBCONTRACTORS
    23. PENALTY
    24. INTERNATIONAL & FOREIGN SALES AND PRODUCTS/SERVICES
    25. PROHIBITED ITEMS
    26. RATINGS AND FEEDBACK
    27. NO WARRANTIES
    28. TERMINATION
    29. GENERAL PROVISIONS
    30. ELECTRONIC EXECUTION
    31. GOVERNING LAW AND JURISDICTION

    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 (“Customers/Users/Buyers”) and provides related services to the Vendors and to the Customers / Users of the Portal on behalf of the Vendors (as the Vendor’s service provider). The Company shall act as Vendor’s service provider for providing various services in relation to the sale of its Products as agreed under the Vendor Participation Agreement.

    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 sale or purchase is solely between Buyer and Vendor. The enforcement of any contractual obligations arising out of completing 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 Users to have satisfying buying experiences. It has adopted policies and procedures designed to satisfy both Users 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”) followed by completion of the Vendor registration form in order to make full use of selling on the marketplace. You may not share your password with anyone except authorized employees. 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.    Vendor 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 vendor Services.  Minors are not allowed to buy or sell on our marketplace.

    ii.  We request bank account information primarily for identity and security reasons. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.

    iii. To register as a Vendor on our Web Site to list Products for sale, you must provide your real name, your actual address, your actual phone number, your actual e-mail address, your bank account information to receive payments and agree to the marketplace 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.

    iv. DoulaBiz reserves the right to reject any registration in its sole discretion.

    v.  If you provide false or incorrect registration information or do not notify DoulaBiz of changes to your registration information immediately, DoulaBiz reserves the right to terminate your account immediately and without notice to you.

    vi. 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.

    vii.        Unless otherwise indicated, DoulaBiz itself may sell or purchase goods and services on its Web Site from time to time. When DoulaBiz offers Products for sale or purchases Products from other Vendors, DoulaBiz is not regarded as a “Vendor” for purposes of this Vendor Participation Agreement.

    In addition, employees of DoulaBiz are permitted to participate in their personal capacity (i.e., not as DoulaBiz employees, representatives or agents) in the transactions conducted through this Web Site. DoulaBiz employees, representatives or agents, when participating in any transaction in their personal capacity, are subject to this Vendor Participation Agreement.

    5. Products

    i.    The Vendor shall offer its Products to the Company for the purpose of sale by the Vendor on the Portal. The Company has the right to refuse to display, or withdraw from the Portal, any Product for sale on the Portal.

    ii.  The Products offered for sale by the Vendor are either manufactured by the Vendor or are sourced/ purchased by the Vendor from third party suppliers/manufacturers (“Suppliers”).

    6. 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.

    1. Facilitation of Sale of Products through the Portal:

    i.    The Vendor authorizes the Company to, on behalf of the Vendor, provide to Customers / Users of the Portal:

    1. Information and assistance in relation to the listed Products and sales thereof,
    2. Information in relation to status of the order placed by Customers, and
    3. Operating a customer helpdesk for other inquiries in relation to Products and orders, customer complaints and grievances.

    ii.  The Vendor agrees and undertakes to fully co-operate with the Company as reasonably required, in connection with any customer-service functions undertaken by the Company.  

    iii. The Vendor authorizes the Company to place;

    1. a description of the Vendor (including but not limited to description of Suppliers, where so directed by the Vendor) and
    2. description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product and any applicable warranty terms) on the Portal.
    3. Vendor rating based on vendor performance and customer reviews.
      1. Ordering, Packaging and Delivery:
    4. The Portal will enable Customers to place orders for the Product(s) they wish to purchase on the Website.
    5. Upon receiving the confirmation of the order by the Customer, the Company will update the details of the confirmation of the order on the portal which the Company shall maintain for the Vendor.
    • The Vendor hereby irrevocably confirms that upon receiving the confirmation of the order by the Customer in respect of any Product, the Company shall be entitled to, and be deemed to have been authorized by the Vendor, to collect directly or through its nominees or third party service providers, the relevant Product(s) from the Vendor for the purposes of delivering to the Customer on behalf the Vendor, within 24 hours of the confirmed order being received on the Portal. The Vendor will package the Product and keep it ready for collection.
    1. The courier shall ensure to provide all relevant authorisations in favour of the Company to facilitate aforesaid collection of the relevant Products from the Vendor.
    2. The Company shall take all commercially reasonable steps to keep the Customer informed of any delays which may take place in the delivery of any Product.
      1. Invoicing and Collection and Payments:
    3. The Company shall collect the payments from the Customers on behalf of the Vendor as its service provider. The Company will process user orders and collect all amounts due from Users for Products ordered from Vendor through the Website.   The Company will remit such amounts, less any amounts owed to DoulaBiz by Vendor, by electronic funds transfer to the bank account identified by Vendor in the Portal within fifteen (15) days after the order has shipped. 

    If DoulaBiz reasonably concludes based on information available to us that Vendor’s actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Vendor actions and/or performance in connection with this marketplace agreement. We will not be liable to Vendor if we act in accordance with the provisions of this Section.

    1. Vendor acknowledges that, as between Vendor and a User who purchases products from Vendor, DoulaBiz’s receipt of funds from the User is deemed the receipt of funds by Vendor.
    • Buyer must 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). Collectively, we refer to all of these as “Taxes.” However, Vendor must determine, collect and remit the Taxes to the appropriate authorities.
    1. Unless we agree otherwise in advance and in writing, the price of any Items sold through our Web Site must be displayed to include any Taxes. Once a sale is completed, a Vendor may not charge or seek to charge the buyer for any such amount in addition to the price displayed for the Item on our Web Site, unless Vendor is authorized to do so by any law that overrides this Participation Agreement;
    2. The Vendor will generate, print and issue an invoice for the purchased Product to the Customers from the Vendor portal provided by the Company.
    3. It is agreed that the Vendors who have opted to bear the freight charges will be liable to pay the following charges:
    4. a fixed delivery charge of JMD$1,000 for the first 5lbs, subject to change at any time

    an additional $35 per pound thereafter, subject to change at any time

    7. Payment Terms

    1. The Customers 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 Portal from time to time.
    2. It is hereby clarified that Company shall not be required to provide any other information (including any confidential information or any information about the Customers) to the Vendor vide such Reports or otherwise and any such information shall be the proprietary information of the Company.

    The payment of sale proceeds of the Products by the Company to the Vendor shall be on a fortnightly basis. The Company shall remit to the Vendor the sale proceeds of the Products which have been duly delivered to the Customers after deducting there from (i) the Company’s Commission on sales on the Products sold and delivered to the Customers’(ii) any other costs incurred by the Company in relation to provision of other Services, as agreed under the Vendor Agreement (including without limitation commission charges on COD); (iii) any adjustments for any returns received from the Customers within seven (7) days from the date of delivery of Products to a Customer; and (iv) all other amounts due and payable by the Vendor to the Company on accordance with these Terms & Conditions under the Vendor Agreement.

    8. Return & Refund

    1. The Company has a Return and Refund Policy (“R&R Policy”) which is applicable to the sale of Products through the Portal.
    2. The Vendor has been provided a copy of the R&R Policy or has been given access to the R&R Policy and the Vendor hereby confirms that the terms of the R&R Policy are acceptable to the Vendor.
    3. The Company shall prominently display the R&R Policy on the Portal so that the Customers are aware of the R&R Policy.
    4. If a Customer is entitled to a return or refund for any Product in accordance with the R&R Policy, the Company shall make such return or refund solely on behalf of the Vendor as per the R&R Policy and adjust the amount so paid to such Customer from any amounts payable by the Company to the Vendor. The Vendor hereby agrees that such adjustments can be made from the amounts payable by the Company to the Vendor up to a period of 3 (three) months from the date of delivery of Products to the Customer.

    9. Vendor Requirements/Obligations

    1. Product Listings. Vendor will create Product Listings via the Portal for all Products it intends to sell on the Website. 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 and Vendor Content provided to DoulaBiz is accurate, complete, current, and is not misleading or deceptive in any manner. Vendor is responsible for promptly updating its Product Listing(s) to ensure the Product Listing and inventories are at all times Vendor will not list any Products it does not currently have in stock.  Vendor is to be honest about the condition of Items listed for sale on our Web Site.  Vendor agrees to list any text, images, disclaimers, warnings, notices, labels, warranties, or other content required by law, to be displayed in connection with the offer, merchandising, advertising or sale of Products. 
    2. Vendor Content. The publication, reproduction, display, modification, distribution or transmission of Vendor Content does and will not (a) infringe, misuse, dilute, misappropriate, or otherwise violate any intellectual property rights of third parties, including copyright, patent, trademark, trade secret, domain name, right of publicity, or confidentiality or other proprietary rights (b) contain defamatory or discriminatory content, (c) constitute an invasion of a party’s rights of privacy or publicity; and/or (d) reflect unfavorably on DoulaBiz, the Websites and/or other Vendors on the Websites;

    All information or data uploaded or transmitted by or on behalf of Vendor to the Portal, Websites, or any other DoulaBiz website, application, or system, or to a User is free from any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Portal, Websites, any other DoulaBiz website, application, or system. Vendor will not use the Websites to violate the security of, or gain unauthorized access to, any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes to use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Websites, collect any information about other Users (including usernames and/or email addresses); or to reformat or frame any portion of the Websites), or use the Websites and/or any other Vendor Content, intentionally or unintentionally, to violate any Applicable Law.

    1. Product Pricing. Vendor is responsible to establish prices for its Products. The price stated by any Vendor for any goods or services offered on our Web Site must include any applicable Taxes. Vendor will enter pricing via the Portal, unless another method is approved in writing by DoulaBiz. If Vendor uploads or otherwise provides incorrect pricing information to a Product Listing (a “Vendor Pricing Error”), DoulaBiz may, at Vendor’s expense, take any commercially reasonable action necessary to avoid and/or repair harm to DoulaBiz due to the Vendor Pricing Error. Such action may include requiring Vendor to honor all Product purchases occurring due to Vendor Pricing Errors and compensating Users for any inconvenience caused by such errors. Vendor will also reimburse DoulaBiz for all costs DoulaBiz incurs directly as a result of Vendor Pricing Errors.
    2. Most Favorable, Best Pricing or Equivalent Pricing. Vendor will maintain parity between the Products and identical Products offered through Vendor’s other sales distribution channels, including Vendor’s own website(s) or any third-party website(s). For avoidance of doubt, the term ‘parity’ as used herein means that sales prices, product quality (including quality assurances, any ‘low price’ guarantees, rebates, free or discounted shipping and handling, or other benefits) are equivalent to those associated with identical Products offered by Vendor on the Websites.
    3. Vendor’s Fees. For all items sold through its marketplace, DoulaBiz charges a 10% sales commission and processing fee based on the sale price. The Vendor of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. By listing an item for sale in our marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees, plus any applicable delivery charges and Taxes therewith.  All fees are listed in U.S. dollars. DoulaBiz only accepts payment in U.S. Dollars and it issues payments to Vendors for their Items in U.S. Dollars or the Jamaican equivalent. 

    Vendor Commission = 10% + PayPal or Credit Card processing fee (PayPal = 5.4% + $0.30 USD)

    Note: The PayPal/Credit Card processing fee of 5.4% + $0.30 is applied once per order and covers the amount DoulaBiz pays to these companies to receive funds. If a full refund is initiated by the Vendor then $0.30 of this fee is non-refundable.

    1. Permits and Licenses; Taxes.Vendor will, at its own expense, obtain all permits and licenses required to operate its business in accordance with Applicable Law, and will pay and discharge all applicable taxes and assessments which may be due for selling or offering of its Products for sale on or through the Website. It is Vendor’s responsibility to determine when it has an obligation to collect and remit General Consumption Tax and any other applicable taxes (“Taxes”). DoulaBiz will pay over the Taxes collected from the online purchaser directly to the Vendor and Vendor will be solely responsible for remitting the tax to the applicable taxing authority. Vendor acknowledges and agrees that DoulaBiz does not provide tax advice, and that Vendor is solely responsible for determining the applicability and accuracy of any tax data, and shall be responsible for properly accounting for and paying all taxes associated with the goods and/or services listed on DoulaBiz.com.  Vendor agrees to defend, indemnify and hold DoulaBiz harmless from Liabilities arising from any tax or other obligation of the Vendor.
    2. Customer Information. You must keep any customer information you receive confidential and secure. In general, you should not share your DoulaBiz login information with anyone other than authorized employees. Any employees or individuals who have access to your DoulaBiz account must also keep login and buyer information secure. If you store buyer information anywhere outside of the DoulaBiz Vendor Portal, you must store that information securely where unauthorized individuals cannot access the information. In addition, you may not share buyer information through social media platforms. If you are collecting buyer information for the purpose of marketing, you must obtain consent before doing so.
    3. Required Communication. Vendor is to provide timely support to the customers of our marketplace.  All messages should ideally be replied to within 24hrs and all customer issues related to the DoulaBiz marketplace are to be resolved within 48hrs, where possible. You are also required to update customers via the notes section of their order about a missing item from their order or any other concerns relating to the fulfilment of the order. Do not contact customers directly unless replying to a question, alerting them of a concern to their order or responding to a complaint.
    4. Shipping. Vendor is ultimately responsible for all aspects of shipping, including providing adequate packaging, tagging, labeling and packing of the Products in compliance with the Vendor Specifications and Applicable Law. All orders should be shipped to customers within 24hrs or within the time specified on the product details. All orders made through DoulaBiz.com must be shipped via a courier of DoulaBiz choice unless they are an In-Store Pickup order.   
    5. Process. When Vendor receives notice of an order from a User (a “User Order”) at the e-mail address specified by Vendor in the Portal, Vendor will process and fulfill the User Order and have it ready to be picked up by the courier within 24 hours or the according to the delivery specification listing under the product description. Vendor will not substitute any item(s) for the Requested Products. Title to and risk of loss of and/or damage to the Requested Products will remain with Vendor until delivery to the User. DoulaBiz will not have title to, or deemed the legal owner of, any Products at any time under the terms of this Agreement. In the absence of demonstrably gross negligence on the part of DoulaBiz, Vendor is fully liable for any loss or damage caused to any party as a result of an incorrect shipment.
    6. Overdue Orders. DoulaBiz may cancel any User Order that fails for any reason to ship within the applicable shipping period, and DoulaBiz will have no duty to compensate Vendor for any such cancelled orders. It is Vendor’s responsibility to monitor all orders and ensure all shipments are made within the timeframes indicated in the Vendor Specifications.
    7. Delivery Errors, Non-conformities. Vendor is responsible for any non-delivery, delivery error, mistake, theft or act in connection with the fulfillment and delivery of its Products.
    8. Refunds; Returned Products. Vendor will submit a return policy (the “Vendor Return Policy”). The Vendor Return Policy must (i) apply to all Products, (ii) outline the process for Users to return the Products directly to Vendor, and (iii) be at least as accommodating to User returns as the DoulaBiz Return Policy. Vendor agrees to honor all User returns in accordance with the Vendor Return Policy published at the time of the User’s purchase of Products.
    9. Recalled Products; Defective Products. Vendor will immediately notify DoulaBiz of any recalls affecting the Products it has listed on DoulaBiz Marketplace. Notwithstanding the foregoing Vendor is responsible for all defective or recalled Products, including any costs associated with recalls of its Products, all liability related to its Products (regardless of whether such Products is defective), and will bear all costs associated in notifying Users and handling such recalls of its Products.
    10. Chargebacks. If DoulaBiz notifies Vendor of a User chargeback or chargebacks received due to non-delivery, or other dispute related to Vendor’s transactions, Vendor must present DoulaBiz with all information requested in the chargeback notification within five (5) business days of receiving notice. If Vendor fails to comply with DoulaBiz request, Vendor will reimburse DoulaBiz for the User chargeback(s) in accordance with the settlement and payment terms herein. Notwithstanding the other provisions of this paragraph, Vendor will not be responsible for chargebacks due to (a) theft and/or unauthorized use of a third party’s credit card information for which DoulaBiz is responsible (except to the extent such theft and/or unauthorized use is attributable to Vendor), and (b) non-delivery due to DoulaBiz’s failure to send the order information to Vendor.
    11. 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 shall keep the Company fully indemnified in this regard. The Vendor shall take reasonable steps to specify in the product description for Customer awareness on the Portal, the warranty period and terms of such warranty in relation to each products displayed on the Portal
    12. Vendor will at all times fully comply with Applicable Law, including applicable privacy laws;
    13. Vendor hereby attests that it is registered for GCT and shall be responsible for properly accounting for and paying all taxes associated with the goods and/or services listed on DoulaBiz. You agree that it is the Vendor’s responsibility to determine whether any Taxes are due with respect to the sale of any Item. You agree to collect, report and remit the correct tax to the correct governmental authority all such Taxes. You agree that, unless we agree otherwise in advance in writing, the price stated by any Vendor for any goods or services offered on our Web Site must include any Taxes. You also agree that DoulaBiz is not obligated to determine whether any Taxes apply to any sale of any goods or services by a Vendor to a buyer on our Web Site and is not responsible for collecting, reporting or remitting same. No Vendor may charge or seek to charge the buyer for any Taxes in any amount beyond the sales price (as displayed on our Web Site) for any Item in question.
    14. All Products sold pursuant to this Agreement is not subject to any health, safety or product quality recall;
    15. Vendor will perform all of its obligations hereunder in a professional and commercially reasonable manner, in accordance with generally accepted industry standards;
    16. Insurance coverage. Vendor will maintain at a minimum such product liability insurance coverage limits, general liability, vehicle, and worker’s compensation coverage limits as required by Applicable Law to operate its business;
    17. Vendor will perform all of its obligations hereunder in a professional and commercially reasonable manner, in accordance with generally accepted industry standards;

    THE FUNCTIONALITY PROVIDED BY THE WEBSITE OR DOULABIZ, OR ITS DESIGNEES’ SERVERS IS NOT AN ARCHIVE; VENDOR IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ALL INFORMATION, INCLUDING VENDOR CONTENT PROVIDED TO DOULABIZ.

    10. Listing Constitutes Offer

    Users may purchase an Item for sale by clicking on the “Add to Cart” button on the relevant Item’s page, provided that the Item is still showing as having a quantity of stock remaining. The Vendor’s listing of an Item for sale or purchase constitutes an offer to each Participant to purchase the Product at that price and the act of clicking on the “Add to Cart” button by a Participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by our Web Site of such act. A Vendor may retract an Item listed for sale or purchase at any time but is bound by any offers accepted prior to the retraction.

    11. 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.

    12. License to Make Use of Intellectual Property

    1. The Vendor hereby grants to the Company a royalty free irrevocable license to use its Intellectual Property for the purposes of providing Vendor Services by the Company as contemplated hereunder.
    2. In the event, the Vendor sources the Products from any Supplier, the Vendor shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier for the purposes of providing the Services by the Company, prior to the display / advertising of such Products on the Portal. In the event the Company receives a claim and/or notice from an owner/manufacturer of products regarding infringement of its intellectual property rights, the Company shall forward such claim to the Vendor and the Vendor shall be liable to defend such claims and keep the Company harmless and indemnified against the same. The Company may also provide all necessary information regarding the Vendor to any such party from whom a genuine claim has been received by the Company and the Vendor shall have no objection to the same. The Company may further take any other appropriate legal action against the Vendor, as it may deem fit, in this regard.
    3. It is hereby clarified that no rights in the Intellectual Property of the Vendor or the Suppliers are granted in favor of the Company except the limited license to use the Intellectual Property for the purposes of providing the Services by the Company.

    The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights and other relevant intellectual property rights relevant to the advertisement and sale of the Products.

    13. 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 Customer upon delivery of the Products to the Customer.
    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 Vendor Agreement together with these Terms & Conditions.

    14. Confidentiality

    The Parties shall keep all negotiations confidential and maintain the contents of these Terms & Conditions of the Vendor Participation Agreement in strict confidence and shall make no announcement or disclosure without the prior written approval of the other Party save in respect of (i) disclosures necessary to be made to each Party’s 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.

    15. DoulaBiz's Reservation of Rights

    DoulaBiz retains the right, if it considers it appropriate, to: immediately halt any sale or purchase; 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, ratings, inaccurate listings, inappropriately categorized Items, unlawful Items or Items prohibited for listing on our Web Site under this Vendor Participation Agreement. DoulaBiz reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.

    Without prejudice to generality of the rights in this clause, and to any other rights that DoulaBiz may have in this Vendor Participation Agreement, DoulaBiz reserves the right to refuse listings or to immediately remove any listings where DoulaBiz objects to how you identify yourself on our Web Site (including, but not by way of limitation, your name, branding or marks) or if you make or indicate that you will make inappropriate use of any of your identifying information or the Web Site or the Services or otherwise in any manner in contravention of the requirements of this Participation Agreement.

    16. 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.

    17. Representation and Warranties of the Vendor

    1. The Vendor has the rights, power, and authority to enter into this Vendor Participation Agreement;
    2. The Product and any advertising or promotion of Vendor’s products or services do not represent false, deceptive, or unfair advertising or disparagement under any applicable Laws;
    3. The Vendor has all rights (including all Intellectual Property rights), approvals and consents from any third parties (including Suppliers) required to enter into and perform the Vendor Agreement together with Terms & Conditions and to supply and sell the Products as contemplated hereunder.
    4. The Vendor has procured all necessary registrations/permits as required under applicable laws for sale of Products through the Portal. The Vendor further represents that the Vendor shall be solely responsible for collection and payment of applicable taxes with respect to the sale of the Products to the relevant government authorities in a timely manner and the Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Vendor. The Vendor hereby agrees to keep the Company harmless and indemnified in this regard. The indemnity obligations of the Vendor contained herein shall survive the termination of the Vendor Agreement together with these Terms & Conditions.
    5. All the Products are Vendorable, marketable and of the quality and nature as described by the Vendor to the Company and displayed on the Portal.
    6. The Vendor has valid, clear and full rights / entitlement to use the trademarks, designs, copyrights of or related to the Products or its packaging used in connection with display and advertising of the Products by the Company.
    7. The Vendor agrees to add link of DoulaBiz.com with text “Find us on DoulaBiz.com” on their website, blogs and social media pages.
    8. The Vendor agrees and undertakes that it shall not provide photographs/images of Products for display, upload, modify, publish, transmit, update or share any information or share/list(s) any information relating to the Product that:
    9. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    10. harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    1. violates any law for the time being in force;
    2. deceives or misleads the addressee about the origin of such messages;
    3. communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s Website or Portal; or

    threatens the unity, integrity, defence, security or sovereignty of Jamaica, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

    18. 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 VENDOR 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.
    2. Anything else contained in this Agreement to the contrary notwithstanding, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or other authorized representatives.

    Company’s total liability (including for its indemnity obligations), whether in contract, tort, or otherwise, arising out of or in connection with the Vendor Participation Agreement or Terms & Conditions shall not exceed the total Sales Commission received by the Company in the preceding 30 days under the Vendor Agreement.

    19. Indemnification

    Vendor 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”):

    1. any breach or alleged breach of the Representations and Warranties within this Agreement;
    2. 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;
    • 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;
    1. 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;
    2. the publication of Vendor Content and product information Vendor supplies to DoulaBiz to display in Products Listings;
    3. the packaging, tagging, labelling, packing, shipping, delivery and invoicing of Products;
    • failure to warn or to provide adequate warnings or instructions in the use, assembly, service or installation of Products;
    • the packaging, labelling or false advertising claims made by Vendor;
    1. the display, assembly or installation of Products,
    2. the assertion by a third party of a security interest, right of replevin, or other legal interest created by a factoring or other credit arrangement in any amount due Vendor under a vendor agreement;
    3. a breach of any of the Vendor’s representations and warranties contained herein;
    • or Taxes or the collection, payment or failure to collect or pay Taxes.
    • any breach or alleged breach of this Agreement by Vendor or Vendor’s agents or employees;
    • any claim by a local, state, or federal government entity for violating any Laws related to the sale, distribution, or use of alcohol;

    Notwithstanding the provisions of this Paragraph, Vendor will not be liable for damage to third parties to the extent such damage was solely and proximately caused by the negligence or wilful misconduct of any Indemnified Party.

    Without limitation, the Vendor shall pay all monies owed to any party, as well as all attorneys’ fees, related to any action against, or determinations against, Indemnitees related to any action to pursue Indemnitees for Taxes, Claims, or Consumer Protection Claims arising from Vendor’s breach.

    20. 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.

    21. Relationship of Vendor and DoulaBiz Ltd (“Parties”)

    The Parties to this Agreement are independent contractors, and no other relationship will be implied from this Agreement. Nothing contained in or done pursuant to this Agreement will be construed as creating a partnership, agency, or joint venture, and neither Party will become bound by any representation, statement, or act of the other Party. Vendor is responsible for all expenses necessary to fulfil its obligations under this Agreement.

    22. Use of Subcontractors

    Vendor may use subcontractors in its performance under this Agreement, provided that (i) Vendor’s subcontractors will be required to adhere to the terms of the Agreement and (ii) Vendor will be fully responsible for the acts and omissions of its subcontractors. DoulaBiz may require Vendor to cease use of any subcontractor for any reason, and may immediately suspend Vendor’s account, or terminate this Agreement in the event Vendor refuses to comply with any such request from DoulaBiz.

    23. Penalty

    occurrence of either of the following instances shall attract a penalty of JMD$2,500 only per instance:

    1. inability to meet the orders, whether due to inadequacy of stocks or otherwise, in which case the penalty shall be per order;
    2. Returns due to bad/defective product; c. Returns due to wrong size of the products shipped by the Vendor;
    3. Returns due to delivery of wrong products

    It is hereby acknowledged by the Vendor that out of the penalty amount, JMD$1,250 will be passed on by the Company to the Customer concerned (or customers in general) to assist with cost of retuning the products, and the remaining JMD$1,250 will (i) either be passed on to the customer as a contribution towards the shipping cost paid to receive the Products, where applicable, as an apology gesture for less than satisfactory shopping experience in case such instances occur or (ii) be retained by the Company as costs of processing the order.

    24. International & Foreign Sales and Products/Services

    In listing an Item for sale or transfer of products or performance of services sold internationally, or that may involve the sale of foreign or international editions of any Item, the Vendor may also have to comply with laws of both the island of Jamaica, as well as the law of the country in which the Vendor or buyer resides that concern, among other things, prohibitions on the sale, distribution or offering for sale of specific Items. Nothing in this section, or in any other section of this Participation Agreement, is intended to mitigate the provisions of section A(1.1)(c) of this Participation Agreement.

    25. Prohibited Items

    Any Participant may list an Item for sale or purchase on our Web Site. However, the following Items must not be listed on our Web Site by any Vendor or purchased by buyers:

    1. Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age, and covers crime-scene photos or human organs and body parts unless these are part of a non-salacious or non-prurient content
    2. Obscene material, which we define as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia, emission of bodily fluids, rape sex, incest, or sex with graphic violence or degradation), including pornographic material (e.g., material rated R +18, home porn and hardcore material), and this includes especially any material that involves or appears to involve the sexual exploitation and other abuse of minors, whether or not such material is illegal);
    3. Illegal Items, which includes but is not limited to animals (including humans) or any other biological life, live or dead, or any parts or portions thereof, intoxicating liquor and tobacco, firearms and weapons (and ammunition), stolen goods, illegal or prescription drugs, poisons and dangerous substances (as defined by the applicable law or laws), stock and securities, lottery tickets (including grab bags and raffles), etc.;
    4. Infringing Items [e.g., Items that infringe another party’s copyright, patent, trademark, trade name, service mark, design right, database right or other intellectual property or other proprietary right (e.g., pirated software, CDs, videos and DVDs, OEM software and so on), and this includes unauthorized replicas, pirated, counterfeit and knockoff Items];
    5. Recopied media, which includes copies, dubs, duplicates or transfers of books, music, videos, television programs, radio programs, concerts, DVDs, software, etc.;
    6. Prohibited Items, which means Items whose sale, distribution or offering for sale is prohibited by any applicable law;
    7. Export Items, which means Items whose sale is subject to export restrictions;
    8. Certain Software, including software that has been copied or duplicated in any format, academic (including solutions manuals), OEM, backup, promotional or beta (pre-release) software, used software (unless the Vendor sells the disk and original serial number/password and activation codes) or unauthorized freeware or shareware.
    9. Certain Digital and Electronic Media, which includes:
      1. Video games, which must be the full retail versions. DoulaBiz prohibits the sale of recopied and transferred video games, mod chips, silver disks, video game emulators, Sega bootdisks, game enhancers, and unauthorized video game compilations and accessories;
      2. Movies, the sale of which DoulaBiz prohibits, and this includes movies that have been transferred from one format to another and unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts, electronic press kits and unauthorized movie props;
      3. Copies of television programs, the sale of which DoulaBiz prohibits, along with unauthorized television programs and programs never broadcast, unauthorized scripts, unauthorized props and screeners; and
      4. Recopied music, the sale of which DoulaBiz prohibits, including bootlegs, unauthorized live concerts recordings, unauthorized soundboard recordings and unauthorized Products related thereto.
    10. Otherwise unauthorized and unlicensed Products.

    DoulaBiz makes no representations that Items not appearing on the prohibited Items list in this Agreement may be sold or distributed or offered for sale under applicable law.

    26. 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. 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.
    2. Do not include links in Vendor comments.

    27. 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.

    28. Termination

    1. These Terms & Conditions shall become effective on the Effective Date as mentioned in the Vendor Agreement and shall remain in force unless Vendor Agreement is terminated between the Parties in accordance with the terms hereof (“Term”).
    2. The Vendor Agreement may be terminated by either Party in accordance with the following:
    3. Upon material breach of these Terms & Conditions or Vendor Agreement by either Party which is not cured within thirty (30) days of receipt of notification from the non-breaching Party, the non-breaching Party shall be free to terminate the Vendor Agreement forthwith;
    4. Where any Party commits a material breach of the Terms & Conditions and in the reasonable opinion of the non-breaching Party, such breach is not capable of cure, the non-breaching Party shall not be obliged to provide a chance to cure the breach but shall be entitled to terminate the Vendor Agreement forthwith.
    • Either Party may terminate the Vendor Agreement upon one month’s prior notice in writing if (a) the other Party is adjudged bankrupt, or makes a general assignment for the benefit of its creditors, or (b) such Party commences any proceeding for relief from its creditors in any court under any insolvency statutes.
    1. The Company may (a) forthwith terminate the Vendor Agreement where the Company reasonably believes that the Vendor’s actions or omissions have prejudicially affected the reputation of the Company and / or the Website; or (b) terminate the Vendor Agreement by giving a 1 (one) months’ notice in writing to the Vendor.
    2. The Vendor Consequences of Expiry/Termination: Upon termination of the Vendor Agreement:
      1. The Company shall be entitled to remove the Products of the Vendor displayed on the Portal and/or advertised on the Portal.
      2. All orders in relation to the Products of the Vendor that have been received prior to the termination of the Vendor Agreement and all obligations to return the Product and/or refund the amount paid by the Customer which may arise in the period after the date of termination hereof, shall be honoured and completed, notwithstanding any termination hereof, in accordance with the terms of these Terms & Conditions and the R&R Policy; and the Vendor agrees and undertakes to co-operate with the Company for the same.
    • The Vendor shall forthwith without delay or demur make payment of all outstanding amounts that are due to the Company under the Vendor Agreement, including any amount refunded by the Company to the Customer after the termination, which shall be paid by the Vendor to the Company immediately upon receipt of any demand from the Company in this regard.
    1. Right of Recoupment and Set-off. DoulaBiz and Vendor acknowledge and agree that DoulaBiz has the right, upon termination, to recoup or offset against any payments to be owed to Vendor, by the amount of any fees, commission payments, chargebacks, refunds, adjustments, amounts paid to buyers in connection with marketplace purchases, Vendor obligations owed according to the defense and indemnity terms herein, and any other monetary obligations owing by Vendor to DoulaBiz adequate to cover Vendor’s obligations for a prospective three-month period. DoulaBiz may obtain reimbursement of any amounts owed by Vendor to DoulaBiz by deducting from future payments owed to Vendor, or seeking such reimbursement from Vendor by any other lawful means. Vendor hereby authorizes DoulaBiz to use any or all of the foregoing methods to seek reimbursement.   Any remaining outstanding funds due to DoulaBiz after recoupment or set-off will be paid by Vendor promptly upon demand by DoulaBiz.

    Survival. Any termination of this Agreement will be without prejudice to the rights of either Party against the other in respect of any antecedent claim or breach of any of the provisions of this Agreement. Any obligations of the Parties relating to limitations on liability, confidentiality and indemnification, as well as any other obligations under this Agreement that by their nature are intended to survive, including any payment or User services obligation in connection with the sale of Products hereunder, will survive termination of this Agreement.

    29. 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.
    1. The Vendor shall not assign or sub-contract any of its rights, obligations, or responsibilities under the Vendor Participation Agreement or Terms & Conditions without the prior written consent of the Company.
    1. 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.
    2. 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.
    3. Variations. This Vendor 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 revisions on our Web Site. All notice of changes to this Agreement will be posted on our Web Site for thirty days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

    YOUR CONTINUED USE OF THIS WEB SITE AND THE SERVICES FOLLOWING DOULABIZ’S POSTING OF ANY CHANGES 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 you at the e-mail address or any other address that you have provided to DoulaBiz. You may send notices to DoulaBiz as follows:

    Email:  support@doulabiz.com   

    Or mail to:

    DoulaBiz Ltd

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

    30. 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.

    31. 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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