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Welcome to PocketPinch, an online marketplace owned and operated by [Legal Name of Your Business] (“we,” “us,” or “our”). Our services are offered through our website and mobile application (collectively, the “Site”).
Critical Acceptance: By accessing or using our Site, you agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and any other policies published on the Site. If you do not agree to these Terms, you must not use the Site.
Governing Law: These Terms are governed by the Laws of Jamaica, and you irrevocably submit to the exclusive jurisdiction of the Courts of Jamaica, particularly those in the parish of Saint James.
PocketPinch is a technology platform and acts as an authorized selling agent on behalf of independent third-party vendors (the “Vendors”).
Contracting Parties: When a purchase is made on the Site, the contract for the sale of goods or services is directly between the Buyer and the Vendor.
Agency: PocketPinch acts as the Vendor’s limited agent for the purposes of facilitating the transaction, processing payments, and managing the initial customer service processes.
Product Liability: PocketPinch is NOT the seller or re-seller of the products. Vendors are solely responsible for:
The quality, safety, and fitness for purpose of their products.
The accuracy of all product listings, descriptions, and images.
Compliance with all applicable Jamaican laws, including the Consumer Protection Act (2005) and the Sale of Goods Act.
Pricing and Fees: You agree to pay the Vendor’s listed price for the products, along with any shipping, handling, and applicable taxes (such as GCT), as calculated at checkout.
Payment Processing: PocketPinch processes all payments as the agent of the Vendor.
Vendor Payout (Risk Disclosure): We transfer the purchase funds to the Vendor on the same day the package is picked up by the logistics provider. This immediate payout model means that PocketPinch may have paid the Vendor before any delivery issues, quality concerns, or return requests are fully resolved.
Vendor Policy: All products are subject to the individual Vendor’s return and refund policy, which must be displayed on the product page.
Jamaican Law: Notwithstanding any Vendor policy, all transactions are subject to the rights and remedies afforded to consumers under the Consumer Protection Act and the Electronic Transactions Act (including any right to cancel a transaction or seek redress for defective goods).
Impact of Same-Day Payout: If a refund is approved after the Vendor has been paid, the refund will be processed by PocketPinch, but the ability to recover funds from the Vendor rests solely with PocketPinch. PocketPinch reserves the right to recover any refund amount paid to a Buyer from the respective Vendor.
In the event of a dispute between a Buyer and a Vendor regarding a purchase:
Direct Contact: The Buyer must first attempt to resolve the issue directly with the Vendor.
Escalation to PocketPinch: If the dispute is unresolved, either party may escalate the matter to PocketPinch for review.
PocketPinch’s Role: You agree that PocketPinch will act as the final arbiter in all unresolved disputes. Our decision will be based on these Terms, the Vendor Agreement, and relevant Jamaican consumer laws.
Binding Decision: The decision rendered by PocketPinch shall be final and binding on both the Buyer and the Vendor, and you agree to abide by it, including any ruling regarding refunds, replacements, or account actions.
THIS SECTION LIMITS OUR LIABILITY AND IS CRITICAL.
PocketPinch’s Immunity: To the fullest extent permitted by Jamaican law, PocketPinch, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, punitive, or consequential damages (including loss of profits or data) arising from:
The quality, safety, or legal compliance of any product sold by a Vendor.
The Vendor’s failure to ship, deliver, or fulfill an order.
The failure of a Vendor to repay funds after PocketPinch has approved and issued a refund to a Buyer.
Maximum Liability: In the event that PocketPinch is found liable for any breach of these Terms, our total aggregate liability to you is limited to the lesser of $\text{JA\$15,000}$ or the total amount of fees paid by you to PocketPinch in the 12 months preceding the date the claim arose.
You agree to indemnify, defend, and hold harmless PocketPinch and its affiliates from and against any and all claims, liabilities, damages, and costs (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your violation of any law or the rights of a third party, or (c) any claim related to products you sell (if you are a Vendor) or receive (if you are a Buyer).
Amendments: We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Site.
Severability: If any part of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction in Jamaica, that part will be severed, and the remainder of the Terms will remain in full force and effect.
Contact Information: For questions regarding these Terms, please contact us:
Email: support@pockettpinch.com
Address: Canaan District, Adelphi, Saint James, Jamaica
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