ShopVMJ.com Term of Use

1. WELCOME STATEMENT

   Welcome to Virtual Mall Jamaica. By using the services of Virtual Mall Jamaica Inc. (Unique Media Design Jamaica Limited and its related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms and conditions, including those available by hyperlink, (the "Agreement" or "User Agreement") with Virtual Mall Jamaica Inc. and the general Terms and Conditions of our subsidiaries and international affiliates.

   In order to become a member of Virtual Mall Jamaica, you must read and accept all the terms and conditions of this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read all applicable linked information. By accepting this User Agreement, you further understand that Virtual Mall Jamaica’s branded websites and or websites operated by Virtual Mall Jamaica may be governed by separate User Agreements and Privacy Policy statements. This Agreement becomes effective as of December 2008 for current and future users.

2. USING VIRTUAL MALL JAMAICA

   While using the Sites, you understand and agree not to engage in the following prohibited activities:

   • Post content or items in an inappropriate category or areas on the Sites;
   • violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
   • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
   • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
   • manipulate the price of any item or interfere with other user's listings;
   • circumvent or manipulate our fee structure, the billing process, or fees owed to Virtual Mall Jamaica;
   • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
   • transfer your Virtual Mall Jamaica account (including feedback) and User ID to another party without our consent;
   • distribute or post spam, chain letters, or pyramid schemes;
   • distribute viruses or any other technologies that may harm Virtual Mall Jamaica, or the interests or property of Virtual Mall Jamaica users;
   • copy, modify, or distribute content from the Sites and Virtual Mall Jamaica's copyrights and trademarks; or
   • harvest or otherwise collect information about users, including email addresses, without their consent
3. ABUSE OF SERVICES

   As your success is our success, Virtual Mall Jamaica and its Associates work together to ensure all Sites function appropriately. Please report problems, offensive content, and policy violations to us immediately. Our Virtual Mall services may be used for lawful purposes only. Illegality includes but is not limited to: drugs dealing; pornography and sex-related merchandising; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of local and international copyright laws - specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating international export restrictions; stalking; or violating other local and international laws such as the Electronic Communications Privacy Act , Goldson Electronic Transaction Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Virtual Mall Jamaica reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

4. LIMITATIONS/DISCLAIMER OF LIABILITY
   

   You will not hold Virtual Mall Jamaica responsible for other users' actions or inactions, including items posted. The Site is a venue to allow you to offer, sell, and buy legal goods and services, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer.

   Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites.

   In no event shall Virtual Mall Jamaica be liable to you for any damages resulting from or related to any failure or delay of Virtual Mall Jamaica to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

5. ACCESS AND INTERFERENCE

   Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Virtual Mall Jamaica by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

   Additionally, you agree that you will not:

   • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
   • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Virtual Mall Jamaica and the appropriate third party, as applicable;
   • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
   • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
6. PRIVACY

   We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Virtual Mall Jamaica Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. We may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. For a complete description of how we use and protect your personal information, see the Virtual Mall Jamaica Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

7. INDEMNITY

   You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

8. DISPUTES

   If a dispute arises between you and Virtual Mall Jamaica, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Virtual Mall Jamaica agree to resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as otherwise agreed on in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. I order to seek a resolution, you MUST create a ticket and state specifically what your concerns are. All tickets will be answered within 24 hours. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

   • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Jamaica as they apply to agreements entered into in accordance with the Electronic Transaction Act, 2006, Section 27.

   Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

9. SPECIAL EVENTS AND UPDATES

   At sign up, all new subscribers will receive a password and username verification email. Existing subscribers will occasionally receive information on products, services, special events, and our newsletter. If you do not wish to receive these updates, you may at anytime unsubscribe to this service.

10. MANDATORY UPDATES

    Occasionally it will be necessary to send you important maintenance schedule and related announcements to minimize inconveniences. Generally, you may not unsubscribe to these announcements, though you may deactivate your account. These announcements are not promotional in nature.

11. SURVEYS AND CONTESTS

    From time-to-time we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary. The requested information typically includes contact information (such as your name and address). Contact information will be used and/or shared with the contest survey/sponsors to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Your personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use your personally identifiable information for any secondary purposes.

12. FEES AND CHARGES

    Your Total cost for your e-store is $45,000, $30,000.00 is paid up front non refundable after 7 days ,the balance become due after all work is completed excluding update of content. Each year thereafter our monthly subscription is J$2,500.00 [plus all applicable taxes] per month paid quarterly. Payments become due on the first day of the first month in each quarter. You are given a 10 calendar day grace period after the due date, after which you will be charged J$2500 or 15% of the outstanding balance. If all outstanding payments are not received within 30 days after your subscription fee becomes due, your service will be suspended. To resume service, all outstanding payments and the next quarterly subscription fee [prorated] plus a reconnection fee of J$2,000 must be paid. If your service is suspended for more than 60 days, your service will be terminated.

     

13. TERMINATION

    Either party to this Agreement may terminate this Agreement with or without cause by providing at least thirty days’ written notice to the other party. If either party is in default under this Agreement (including non-payment), then the non defaulting party may also immediately terminate the Agreement without prior notice to the other party. This Agreement will automatically renew unless cancelled in writing prior to the quarterly renewal date.

14. COMPLIANCE WITH LAW

    You agree to use the services offered by Virtual Mall Jamaica in a manner consistent with all applicable local and international laws and regulations. Failure to comply with all applicable laws and regulations will result in your service being terminated.