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The following are the terms and conditions for the use of the Flashcart Limited.
GENERAL
1.1. These Terms of Services (“Agreement”) are entered into by and between you, the customer, either personally or on behalf of your employer, as applicable (“you” or “your”) and flash-cart.com. (“Flashcart Limited”). You are deemed to have accepted the terms of this Agreement by clicking the “Accept Button” and completing the registration process. This Agreement is made up of the terms below, plus any other policies and materials specifically referred hereto in this Agreement. The following sets forth the terms and conditions under which you agree to use the Services, and under which Flashcart Limitedagrees to provide service, including all technical support and other “Services” provided to you.
USER RESPONSIBILITIES
2.1. You represent that: (a) you are 18 years of age or older and you have the legal capacity and authority to bind yourself (or your employer, as applicable) to this Agreement; (b) you consent on behalf of yourself (or as an authorized representative of your employer, as applicable) to be bound by this Agreement; and (c) the information you supply to us is correct and complete. You agree to notify Flashcart Limited promptly whenever your personal or billing information changes and that providing false or incorrect information may result in Services withholding or delays or the suspension or termination of your customer account.
DISCLAIMERS AND LIMITATION OF LIABILITY
3.1. Flashcart Limited does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the service or the server(s) that makes them available are free of viruses or any other harmful components. Flashcart Limited does not represent that the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely or otherwise reliable.
3.2. Flashcart Limited is not responsible or liable for conduct of any other party or any infringement of another’s rights including intellectual property rights.
3.3. Flashcart Limited and its respective third party suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the Services for any purpose. You agree that the Services are provided as is without warranty of any kind. Flashcart Limited and its representative suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, compatibility of computer systems, title, non-infringement, or arising out of any statutes.
3.4. Flashcart Limited reserves the right to update and change, from time to time, this Agreement, and post the new version of this Agreement on it’s website at www.flash-cart.com, without notice to you. Any request for the services(s) after a new version of this Agreement has been posted will be deemed as your acceptance of the changes to this Agreement.
3.5. In no event will Flashcart Limited or it’s third party suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or any way connected with: the use or performance of the Services; the delay or the inability to use the Services; any information, software products, services or related graphics obtained through the Services; whether based on contract, tort, negligence, strict liability or otherwise, even if Flashcart Limited or any of it’s third party suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of the Services or any of these terms of use your sole and exclusive remedy is to discontinue using the Services.
INDEMNIFICATION
4.1. You agree to defend, indemnify and hold harmless Flashcart Limited, its parents, subsidiaries, affiliates, and their respective officers and employees, harmless from and against any claim, demand or damage including lawyer’s fees asserted by any third party due to or arising out of:
(a) any violation of applicable laws, regulations or this Agreement by you or anyone accessing the Services through your customer account, with or without your permission;
(b) the use of the Services by you or anyone accessing the Services through your customer account, with or without your permission;
(c) any negligent acts, errors or omissions by you or anyone accessing the Services through your customer account, with or without your permission;
(d) any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with the Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Flashcart Limited; or
(e) any and all claims for infringement of any intellectual property rights arising from the use of the Services by you or anyone accessing the Services through your customer account, with or without your permission.
PAYMENT
5.1. Fees and charges for the services(s) you select are supplied to you during the ordering process and are available on the Flashcart Limited website at www.flash-cart.com, unless otherwise provided for in this Agreement. You agree to pay any applicable charges or fees applied to your customer account and the services(s) including, without limitation, activation fees, minimum service fees, termination fees, other nonrecurring charges and set-up fees, interest, and charges due to insufficient credit or insufficient funds. Flashcart Limited will bill you directly or charge your credit card.
5.2. Payment for all Services must be by Key Card, credit or debit card. We accept payment with Key Card, Visa and Mastercard. Only the last 4-digits of the card number will be stored. We reserve the right to change the payment methods we accept at any time.
5.3. Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. Please retain a copy of your receipt that shows each transaction processed.
TERMINATION AND REFUND
6.1. Flashcart Limited may terminate your access to any part or all of the Services and any related services at any time without or with cause, with or without notice, effective immediately for any reason whatsoever. Upon termination of the Services, your right to use the Services ceases immediately.
6.2. If you wish to terminate your customer account your only recourse is to discontinue the use of the Services. Flashcart Limited will have no obligation to maintain any content in your customer account.
FLASHCART RETURN POLICY
WHAT TO DO
7.1. To return an order:
(a) Copy the order number of the order you wish to return.
(b) Email flashcartgroceryt@gmail.com with the subject line “Returns Request.” In the body of the email, you must provide the applicable order number, the particular item or items you would like to return and include the reason for the return.
(c) Within 24 hours, a Flashcart customer support team member will provide you with return instructions via email.
(d) Schedule a pickup with us, as needed. It's that easy!
7.2. Once your return is received at our processing center, you will receive a full refund within seven (7) business days along with an email confirmation. NB. Please note that we do not accept returns on toilet paper, paper towels, disinfectant wipes, or water under any circumstances. All other returns must be in their original, unopened box or packaging.
GENERAL PROVISIONS
8.1. Flashcart Limited failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance will not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
8.2. You and Flashcart Limited agree that this Agreement will be construed in accordance with the laws of Jamaica WI applicable therein. The parties to this Agreement attorn to the exclusive jurisdiction of the courts of Jamaica WI and all courts competent to hear appeals there from.
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