Last updated on: January, 2022

JamGOra has implemented rules and guidelines by which all merchants who wish to use our services must abide to facilitate the efficient functioning of our procedures in the best interest of our customers.

The purpose of which is to enable a safe and efficient place to conduct business transactions for our customers (merchants and consumers).

By Registering for or using JamGOra’s service, you (On behalf of yourself or the Business you represent) agrees to be bound by JamGOra’s Policy Agreements (Terms of Service, Return and Refund Policy, Privacy Policy, Security Policy) not limited to and including this Merchant Agreement.

1. Enrollment.

To begin enrollment, you must complete the registration process for JamGOra’s service which includes the presentation of a valid Business Registration Certificate as part of the application; you must provide us with your (or your business) legal name, address, phone number and e-mail address. If you produce products locally you are responsible for understanding and complying with all requirements of the regulations, including production, certification and labelling requirements of the Bureau of Standards Jamaica. Use of JamGOra’s service is limited to parties that can lawfully enter into and form contracts under applicable law (for example, minors are not allowed to use the Services). We may at any time cease providing any or all of the services at our sole discretion and without notice.

2. Term and Termination.

The term of this Agreement will start on the date of your completed registration (after approval of your account) for or use of our services, whichever occurs first, and continue until terminated by us or you as provided in this Agreement. We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means specified by JamGOra. Upon termination, all rights and obligations of the parties under this Agreement will terminate. Any terms that expressly survive according to the applicable Service Terms will also survive termination.

2 (a) Termination of Merchant Agreement

A merchant may choose to terminate business relations, including any agreement entered into with JamGOra. That termination is to be executed by the following procedure:

3. Products and Products Information.

You will provide in the format we require accurate and complete Required Product Information and Product Description for each product or service that you offer through JamGOra’s website and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that your materials, your products (including packaging) and your offer and subsequent sale of any of the same on JamGOra’s website comply with all applicable Laws (including all minimum age, marking and labelling requirements) and do not contain any sexually explicit defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Excluded Products on JamGOra’s website; or provide any URL Marks for use, or request that any URL Marks be used, on JamGOra’s website.

We will enable you to list your products on JamGOra’s website, and conduct merchandising and promote your products as permitted by us. We may use mechanisms that rate, or allow shoppers to rate, your products and your performance as a seller and JamGOra may make these ratings and feedback publicly available. We will provide Order Information to you for each order of your products through JamGOra’s website. We will also receive all sales proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with the terms of this Agreement.

When listing an item or items on our site, the rules below are to be followed:

1. Select only categories that match your items for sale
2. Provide a clear, honest, and accurate description of the item
3. Avoid tactics like keyword spamming; use keywords (metadata) that is related to your products.
4. Your item description and terms of sale must not be included in an image. They must be in the item description.
5. Do not list your products to include GCT if you do not intend to submit these amounts to the Government.
6. It is against our policies to do anything that manipulates the search or browsing experience. This applies to all parts of a listing, including:
1. the title
2. subtitle
3. product details
4. description
5. pictures and links
6. If you use tactics that potentially in effect inappropriately divert buyers to a listing, we will take legal action against you.
7. The use of profanity or placing outside links on JamGOra’s website is strongly prohibited.
8. It is strongly advised to take product images on a white background. The use of a high quality (HD) camera, 5 megapixels and over is best suited.
9. If you sell through other means, only list 50% of your item inventory on our website (i.e. if you have a total of ten (10) in stock for a particular item, only list five (5) as your inventory on total on our website).
10. Update your product inventory total listed on our website on a periodic basis if you sell outside JamGOra’s website.
11. Ensure to list the correct weight, including estimated packaging weight and item weight. Shipping prices will be calculated based on the weight of the items and shipping destination.

3.1 Prohibited Items

The following items are prohibited to be sold on JamGOra’s website:

1. hance listings that promote giveaways, random drawings, raffles, or prizes
2. Firearms, weapons, and knives (non-cutlery)
3. Any offensive material, which includes items that are racially or ethnically inappropriate
4. Services that are illegal or sexual in nature

3.2 Potentially Infringing Items

This rule governs items that may be in violation of certain copyrights, trademarks, or other intellectual property rights. For this reason, these items are not allowed on JamGOra’s website:

1. Replicas, counterfeit items, and unauthorized copies
2. Use of other merchants’ copyrighted pictures or text

4. Prohibited Actions.

The following actions are prohibited on JamGOra’s website:

1. Unrestricted or excessive listing of one item
2. Attempts to divert transactions or buyers
3. Unauthorized and unregistered Business Names
4. Inappropriate email communications
5. Direct email addresses
6. Operating multiple Seller Central accounts
7. Misuse of ratings and feedback or reviews
8. Post-transaction price manipulation
9. Matching product offerings inaccurately

5. Food & Beverage.

Properly prepared, sealed foods and beverages must be appropriately packaged and labelled. Products need to be shipped appropriately to protect the quality and safety of the food, to avoid spoilage, melting, damage, and so on. All food packaging must include the following:

• Product name
• Name and address of the packaging company
• Expiration date
• Net content quantity and weight (the weight of the contents, not including any packaging)
• For international orders, it takes a minimum of three (3) – 5 five (five) days to get to the clients, therefore we cannot ship old products or items with an expiration date coming up soon, otherwise, they will arrive expired; always ship recently prepared products.
• For local orders, we can ship older items, however, we still need to provide clients with sufficient time to consume products before expiration, therefore we also recommend shipping freshly prepared products.

Lot-controlled products must have a shelf-life of greater than 90 days.

• Perishable products must be removed from inventory 50 days before the expiration date.
• For JamGOra-fulfilled orders, units within 50 days of expiration will be removed for disposal and will not be available for return.

6. Shipping and Handling Charges.

We will determine the shipping and handling charges of all items sold on JamGOra’s website accordingly as it relates to product weight and shipping destinations. Consumers purchasing your items will cover all expenses as it relates to shipping and handling charges.

7. Credit Card Fraud.

We will bear the risk of credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with your transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions

8. Sale Completion

All sales on JamGOra at the stated prices are final. Merchants will not be compensated for outdated pricing. Therefore, it is imperative that product prices are kept up-to-date as JamGOra does not allow refusal of sales because the price listed is below the current price of the item.

JamGOra will provide each merchant with a monthly report of product listing, including current price and quantity available. Each merchant will be responsible for updating item price and quantity. Changes can be made to your products by logging into your merchant dashboard or by providing updated prices and quantity in the spreadsheet to JamGOra periodically.

The following rules are implemented to ensure the contentment of all parties after a transaction on JamGOra’s website. These rules outline several unauthorized behaviours and are strongly prohibited:

1. Interfering with another member's transaction.
2. Accepting payment as it pertains to products sold on JamGOra’s website outside our portal.
3. Shipping items that are significantly different from what was described in the item listing.
4. Shipping defective or damaged items to our consumers.

9. Problems with Your Products.

9.1 Delivery Errors and Nonconformities; Recalls.

You are responsible for any non-conformity or defect in, or any public or private recall of, any of your products or other products provided in connection with your products. You will notify us promptly as soon as you have knowledge of any public or private recalls of your products or other products provided in connection with your products.

9.2 Cancellations, Returns and Refunds.

In keeping with JamGOra’s Return Policy, if within ten (10) days after receiving your product a complaint is made by the third party customer (receipt of a defective or damaged item), it will be in our sole discretion to provide reimbursement to such customer in connection with your transaction through JamGOra if our investigation proves your product was defective or delivered not as described. (Provided that product is not a non-refundable product)

10. Control of JamGOra’s website.

We have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of JamGOra’s website, including by redesigning, modifying, removing or restricting access to any of them, and by suspending, prohibiting or removing any listing.

11. Effect of Termination.

Upon termination of these Merchant Policy Terms in connection with JamGOra’s website, all rights and obligations of the parties under these Merchant Policy Terms will be extinguished, except that the rights and obligations of the Parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.

12. Order and Payment Processing.

We will process all payments, refunds and adjustments for Your Transactions. JamGOra’s name will appear on the customer's credit card statement (which may also display, at our option, your name). We will determine the time at which we process payments, refunds and adjustments for Your Transactions at our sole discretion. However, you are always the seller of record. We may withhold for investigation or refuse to process, any of Your Transactions. We do not need to accept any particular form of order or payment for Your Product, or honour or accept any discounts, coupons, gift certificates, or other offers or incentives made available by you. We may in our sole discretion withhold for investigation or to refuse to process any transaction involving Your Products or any other products or services on or through JamGOra’s website.

13. Merchant Payment Disbursement.

All disbursements will be made to Bank Accounts provided on file by the merchant. We will disburse all payments owed to you from proceeds of sales made on JamGOra’s website within ten (10) days after the receipt of the product by the customer. If within that set period the customer displays dissatisfaction as it pertains to receipt of defective items, or items not as described on our website, and following an investigation (conducted with JamGOra and the merchant) it is proven that your entity is at fault, then we will refund the customer and transfer said item to your possession. We will remit proceeds from sales of non-refundable items to you within three (3) days after receipt of items from the customer.

14. Merchant Subscriptions

Merchants are required to pay their subscription fee on time each month; the 27th day of each month is the subscription due date. If this date falls on the weekend, the payment is due on the next business day.

Failure to pay this subscription will result in the Merchants Web Store being cancelled and removed from customer access. The Web Store will remain deactivated until the Merchant settles the balance owed. Failure to reactivate one's account will be interpreted as a termination of said merchant business relations with JamGOra in which case the Merchants online store will be removed from customers’ access.

15. Confidentiality

During the course of your use of our Services, you may receive information relating to us that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain JamGOra’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in our Services; (c) you will not otherwise disclose Confidential Information to any other person, and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

16. Representations.

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered ; (b) you have all requisite right, power and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses and authorizations in this Agreement; (c) any information provided or made available by you or your Affiliates to JamGOra is at all times accurate and complete; and (d) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

17. Relationship of Parties.

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of JamGOra, you, and our customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable Terms of Use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

18. Limitation of Liability.

We will not be liable (Whether in Contract, Warranty, Tort, (including negligence, product liability or other theory) or otherwise) to you or any other person for cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with this agreement, or for any loss or profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if JamGOra has been advised of the possibility of those costs or damages.

19. Use of JamGOra Transaction Information.

You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose any JamGOra Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under this Agreement and you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any JamGOra Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered your product with the intent to collect any amounts in connection therewith or to influence that person to make an alternative transaction; (d) disparage us; or (e) target communications of any kind on the basis of the intended recipient being a JamGOra user. In addition, you may only use tools and methods that we designate to communicate with JamGOra’s website users regarding your transactions. This section does not prevent you from using other information that you acquire without reference to JamGOra’s Transaction Information for any purpose, even if that information is identical to JamGOra’s Transaction Information, provided that you do not target communications on the basis of the intended recipient being a JamGOra’s website user.

20. Password Security.

Any password we provide to you may be used only during the Term to access the services we provide, electronically accept your transactions, and review your completed transactions. You are solely 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 in accordance with this Agreement) and are solely responsible for any use of or action is taken under your password. If your password is compromised, you must immediately change your password.

21. Modification.

We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Any changes will be effective upon the posting of such changes on JamGOra’s website and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to a term in any JamGOra’s policy will be posted for at least 30 days. You should refer regularly to our website to review all Agreements and Policies. Your continued use of service after JamGOra’s posting of any changes will constitute your acceptance of such changes or modifications.