Terms of Service

Effective November 1, 2022

Welcome to Market X Limited. Before using our service, it is important to understand our terms, policies and rules.

Accepting these Terms

This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Market X, (“Market X Limited”). This contract sets out your rights and responsibilities when you use Market X Limited and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), To access most features of the Service, you must register for an Account with us (an “Account” or a “Market X Limited Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

The Help Center is used to host policies in the Policy Center such as the list of Prohibited Conduct and Prohibited Items, product guidelines, and provide clarifications to frequently asked questions (“FAQ”). The Policy Center is available on the bottom of the website and as a link under “Contact Us.” These may also be accessed from the side menu of the App.

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

Some important introductions for you.

1. Description of the Service

The Service is an online business-to-consumer and consumer-to-consumer focused marketplace. We have only one Market X Limited Account type and do not offer specialty products to support businesses or other entity types like non-profits.
Market X Limited does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While Market X Limited may help facilitate transactions, Users that list and sell items through the Service (“Vendors”) and Users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods or services (referred to herein as “goods”, “products”, “services” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Vendors and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.
If you choose to file taxes or operate your Market X Limited Account under another tax entity such as a LTD, Sole Proprietor or other entity type, all policies, rules and conditions of use as documented in these Terms and related policies will apply to your Market X Limited account. Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.
Market X Limited provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, Lynk, PayPal, and Bank Transfers. Vendors may have funds from sales deposited into their designated bank account (“Direct Deposit”) or withdrawn using Lynk. Market X Limited does not accept or dispense cash. Please remember payment instruments and bank accounts can only be registered on one Market X Limited Account at a time.
Market X Limited is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users. Payment to Market X Limited constitutes a payment to the Vendor. Please see the Buyer or Vendor Rules for more information.
By accepting these Terms, you acknowledge that you will provide accurate and timely information to Market X Limited to comply with our regulatory requirements in providing services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

2. Other Terms and Policies Which Apply

Market X Limited is licensed to offer its services in Jamaica. For an individual to have an Account you must be at least 18 years old.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

Market X Limited helps people in Jamaica sell, list and transact online to sell and buy goods or services. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for Market X Limited to evaluate payment processing decisions and the continued use of our Service.

Vendor Guidelines – If you list any items for sale, these additional rules apply to you.

Buyer Guidelines – If you use our Service to browse or purchase, these additional rules apply to you.

3. Your Account with Market X Limited

You’ll need to create an Account with Market X Limited to use some features of our Service. If Market X Limited determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Market X Limited may, at its sole discretion, take action, up to and including termination of your Account. Additional information can be found in the Help Center including Vendor Guidelines, Buyer Guidelines and/or in the Prohibited Conduct and Prohibited Items policies. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

Here are a few rules about Accounts with Market X Limited:

A User shall not use a Market X Limited Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Vendors accountable for violations of law, violations of these Terms and all applicable policies.
You must be 18 years of age or older to have a Market X Limited Account.
You may only register for and maintain one Account per User. Payment instruments and bank accounts can only be registered on one Market X Limited Account at a time; they cannot be shared on multiple Market X Limited Accounts, even if it is a joint account at your financial institution.
You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, TRN, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
If you provide information about a business, such as to comply with a verification request, you may be asked for additional information such as business certificate, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies).
If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as Lynk, PayPal, a Market X Limited balance resulting from your earnings from prior sales, or another payment method permitted by us. We do not accept or use cheque as a payment method. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
If you complete a sale, you may withdraw your Market X Limited Account Balance to your bank account using Direct Deposit or Lynk. It is your responsibility to ensure that your bank account information is entered correctly. We may request additional information to verify your bank details. We may be unable to help you recover money sent to an inaccurate bank account number. We do not dispense cash or issue checks as a method of withdrawal.
If you utilize our shipping options, it is your responsibility to select the correct weight class for the labels and to provide valid tracking information. You are responsible for any additional fees from the carrier(s) if you select the incorrect weight class or other such actions that result in additional fees.
You are solely responsible for any activity and listings on your Market X Limited Account.
You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address. You may be asked to update or verify this information from time to time so Market X Limited may continue to service your account.
You are responsible for all fees, chargebacks, Buyer refunds, or payment reversals received by Market X Limited, even after you close your Account. Amounts owed to Market X Limited or to others may be removed from your balance or requested via an invoice by Market X Limited to be processed as a payment from you or processed by a collections agency.
You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact [email protected]

Please visit our Help Center for questions about setting up an Account with Market X Limited.

4. Termination by You

You may terminate your Account with Market X Limited at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.

You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by Market X Limited, even after you close your Account. You remain obligated to help resolve any disputes with other Users that are the result of purchases or sales of goods from you that occurred prior to termination. Market X Limited-issued credits or unused coupons become invalid and expire upon termination of your account.

5. Scope of License

Our Services are licensed, not sold, to you for use only under our Terms. Market X Limited reserves all rights not expressly granted to you. Market X Limited hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own use.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

6. Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by Market X Limited. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, payment services such as ZIP) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Market X Limited is not a party to those agreements; they are solely between you and the third party.

7. Your Content

Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes Market X Limited’s trademarked name or logo.
Permission to Use Your Content. By posting Your Content through our Service, you grant Market X Limited a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Market X Limited function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant Market X Limited a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Market X Limited, or the Service in general, in any formats and through any channels, including across any Market X Limited Service or third-party website or advertising medium.
Reporting Infringing Content. Market X Limited has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.
Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Market X Limited’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

8. Your Use of Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Market X Limited to list or sell items that violate any laws, to commit fraud, theft or any other crimes against Market X Limited, another Market X Limited User or a third party. You may not use Market X Limited shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our Prohibited Items and Prohibited Conduct
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Items You Purchase. Market X Limited does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party Vendors, so Market X Limited cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Vendor of the item. You release Market X Limited from any claims related to items sold through our Service, including for defective items, misrepresentations by Vendors or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Market X Limited is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates Market X Limited’s Policies for internal review.
People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct in the Help Center so we may review their Account. Please also follow our Safety Guidelines in all interactions with Users.
Account Limitations. Market X Limited, may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
Other Disclaimers/Warranties.
- Market X Limited is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
- We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

9. Limitation, Suspension or Termination

Market X Limited reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, Market X Limited will promptly terminate without notice the Accounts of Users who are determined by Market X Limited to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate, limit or suspend your Account or access to our Service:

You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
We may require Users to verify information including but not limited to dentity, financial or contact information. Market X Limited may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification, including placing holds on your Market X Limited Account balance.
If there is an issue with your Account or listings, your Account balance may be held initially for 30 or 90 days based on risk, including chargebacks and other Buyer claims. You may be required to provide additional information regarding your Account usage, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or illegal items will not be released to you.
Funds may be held for up to 180 days to seek reimbursement from a Vendor in any of the following circumstances, when: (a) we provide a refund to a Buyer because a Vendor did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Vendor; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Vendor; or (d) a Vendor does not act in accordance with Market X Limited’s Terms including the sale of prohibited items and/or the creation of multiple Market X Limited Accounts.
We may obtain reimbursement of any amounts owed by a Vendor to Market X Limited by deducting from future payments owed to the Vendor, reducing any balance from the Vendor’s Market X Limited Account, charging any of the Vendor’s Payment Instrument(s) on file, or seeking reimbursement from the Vendor by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
Market X Limited will make refunds or other payments owed to you, as required by applicable law or regulation.
Accounts that are abandoned or balances that are unclaimed are subject to jamaica’s abandoned property regulations.

10. Buying and Selling Generally

Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Market X Limited to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Vendor that is unrelated to a purchase of goods.

A Vendor shall not purchase a product they themselves have listed on a separate Account. A Vendor who wishes to withdraw or remove a listing must do so per the procedures specified by Market X Limited in the Help Center.

Sales Contract. A sales contract for a product is formed with the Vendor when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Vendor and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.

Market X Limited’s Role. Vendor agrees that Market X Limited and its designated payment processor act as agents for the Vendor in processing payments for purchases. A Buyer’s obligation to a Vendor for the purchase price shall be deemed extinguished upon receipt by Market X Limited of the purchase payment (except for Buyer’s obligations in the event of a chargeback or other payment reversal) and rating.

Used items sales published through the Market X storefront. Once a product has been received by a Buyer, the Buyer shall promptly rate the Vendor. Once the Buyer has rated the Vendor. Ratings need to be provided by the Buyer for the Vendor to receive his or her earnings. If the Buyer does not rate the Vendor within the designated time frame, Market X Limited will automatically rate the Vendor in order to avoid continued delays in payment completion. This automated rating releases the payment to the Vendor.

Settlement to Vendors. When ratings by a Buyer is complete, Market X Limited and its designated payment processor will process the payment to Vendor. Market X Limited will make commercially reasonable efforts to credit Vendor’s earnings balance with Market X Limited within ten (10) business days of receipt of the settled payment proceeds by Market X Limited. Market X Limited shall initiate the transfer of balance earnings to Vendor’s bank account upon Vendor’s request using Direct Deposit or Lynk. Market X Limited may ask for Vendor’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Vendor’s User Information has been verified and confirmed. Market X Limited may also hold funds if it receives a notice of fraud, chargeback, invalid account information, court order or governmental request. For more information on buying and selling please refer to our Help Center.

11. Fees Generally

All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. Fees are provided at the time of listing for a Vendor, but may change subject to shipping tax, other variable rates or changes made by the Vendor. Fees will be subtracted from Vendor’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees and taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract. Learn more about Market X Limited Fees in our Help Center. In general, fees occur as follows:

Shipping Fees. The shipping amount is payable by the Buyer or Vendor (the party to the transaction is selected at the time of listing) and may vary based on location. The final fee is communicated at time of transaction. If we are contacted by one of our shipping carriers and/or if Market X Limited is charged for postage due to use of incorrect shipping labels or weight classifications, Market X Limited may remove the amount paid to the carrier on your behalf from your Account balance or invoice you separately.

Sales Fees. Market X Limited charges 13.5% of the item purchase price as a sales fee to the Vendor for every completed sale.

Transaction Fees. Vendors are charged payment processing fees of 4.20% + GCT once a credit or debit card is used for every completed transaction, this is included within the 13.5% sales fee to Market X Limited. Market X Limited has no fee’s associated for using direct bank transfer unless amount is under $1,000 JMD. If you are eligible for PayPal to withdraw your balance to a debit card rather than direct bank transfer, Market X Limited charges a $2.00 USD processing fee per PayPal transaction. For Lynx there is no transaction fee.

Cancellation Fees. If a Vendor cancels a transaction after the purchase has been initiated but before the transaction is completed, Market X Limited may charge a cancellation fee of 5% of the item price but no more than $2000 JMD maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.

Service Fees. The purchase of additional products or services facilitated by Market X Limited or offered outside of Market X Limited will be communicated at the time of the Service Contract and/or usage and accordingly costs may vary. In general this includes services offered such as Market X Limited Local, warranties and delayed payment plans. You may be asked to accept additional terms offered through Market X Limited or a third party to use these services.

Taxes. When you purchase an item, taxes may apply to your purchase (item and/or shipping). Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before final commitment to purchase. See Market X Limited’s Sales Tax Policy for additional information.

12. Payments

Market X Limited processes transactions on behalf of the Vendor, and Buyer authorizes Vendor to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Any payment made in connection with the Service shall be made through Market X Limited using its payments processing providers.

Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.

By agreeing to these Terms, you authorize Market X Limited and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to Market X Limited for the Service(s). All associated fees will be provided on the purchase receipt.

Upon completion of the sale, all Vendor earnings, minus payment processing and other fees, will settle in the Vendors account. All fees associated with the sale will be provided on the sales receipt.

13. Cancellation of a Transaction; Refunds

Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Market X Limited may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Vendor does not ship within the expected time frame; or for other reasons Market X Limited deems appropriate.

If a Buyer receives an item that’s damaged, not as described in the listing, or if they are sent the wrong item, the Buyer must report the problem to Market X Limited within 2 days of receipt of the item, or within such a longer time as required under applicable law. Buyer may use “Support Function” from the vendor page or initiate a report directly on their item. The Buyer must NOT rate the Vendor if there is an issue. If Market X Limited allows, items may be returned to the Vendor for a refund. Items that are hazardous or illegal are not eligible and shall not be returned to the Vendor.

Refunds will be issued to the original form of payment, unless a return of the item is not required, the item is not eligible for a return or if a refund is requested after the payment was processed to the Vendor. A Market X Limited credit may be issued in lieu of a refund to the original form of payment if the Buyer is no longer eligible for a refund, or payment to Vendor has completed. Additionally, refunds under a certain dollar amount may be issued in Market X Limited Credit rather than requiring a shipping return to the Vendor at Market X Limited’s discretion.

We do not provide refunds or returns for prohibited items.

Transactions where payment is sent outside of the Market X Limited platform are strictly prohibited by Market X Limited’s Terms and do not qualify for Market X Limited protections or refunds. Listings or profiles soliciting such transactions are subject to removal without notice.

See Market X Limited’s Refunds & Returns Policy for additional information.

14. Redeeming and Using Earnings; Earnings Limitations

After a transaction is complete, the goods have been delivered to the Buyer, and the Buyer rated the transaction, the Vendor may use the earnings balance from the sale to:

Deposit in their bank account by requesting a Direct Deposit;
Enroll in PayPal and request a direct-to-debit card withdrawal; or
Enroll in Lynk and request a withdrawal; or
Use the earnings balance to purchase goods on Market X Limited.

Market X Limited and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. Market X Limited limits PayPal to $500 total per month until you meet certain conditions, including completing verification of User Information.

A Vendor whose User Information has not been verified and confirmed by Market X Limited may not complete a sale through the Service that would result in an Account earnings balance more than $200,000 JMD (two hundred thousand dollars) in any 24 hour period, as calculated by Market X Limited at its discretion. Other account limitations requiring user verification may vary based on country requirements, may relate to tax inquiries and/or fraud related issues and may require verification or other documentation before Market X Limited will release earnings. Vendors who successfully verify their identity increase their balance limits and other transactional thresholds on their Market X Limited Account.

15. Transaction Records, Receipts and Customer Service

Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.

Records of your payment transactions through the Service and Market X Limited Account balance transactions will be reflected in your transaction history in your Market X Limited Account. A receipt will also be sent to the email address you provided on your Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting Market X Limited via email at [email protected].

It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.

16. No Interest

Market X Limited and its bank do not pay interest to you on earnings or any other funds which are maintained in an Account or otherwise with Market X Limited. You assign to Market X Limited the right to earn interest on earnings or other funds maintained with Market X Limited and its bank, in consideration for your use of the Service.

17. Handling of Credits

A User may earn Market X Limited issued Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Market X Limited. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by Market X Limited. To the extent permitted by applicable law or regulation, Market X Limited may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits.

A User may redeem their Credits to purchase eligible products through the Service at the rate of 1 unit = 100 JMD, unless Market X Limited has displayed separate terms of use on the Service, and in which case, such terms shall apply.
A User will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Market X Limited. A User will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A User is responsible for any unauthorized use of his or her Credits.
Credits expire at 11:59 PM Eastern Time 90 days following the date on which the Credits were earned, unless Market X Limited has informed the User of a separate period at or prior to the issuance applicable to particular Credits, then such period shall apply to those Credits. Once expired, Credits will not be reinstated.
If Market X Limited determines that your usage or earning of Credits violates our Terms or is otherwise inappropriate, Market X Limited may invalidate all the Credits earned by either you or through associated accounts.

18. Handling of Coupons

A User may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Market X Limited. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Market X Limited. To the extent permitted by law or regulation, Market X Limited may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Market X Limited, through the Service in accordance with these Terms.

A User will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
A User will not be able to transfer Coupons to any other User or person.
Market X Limited will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Market X Limited in accordance with applicable laws and regulations.
Market X Limited will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Market X Limited in accordance with applicable laws and regulations.
Coupons expire in accordance with the applicable campaign rules provided by Market X Limited. Once expired, Coupons will not be reinstated.

19. Disputes Between Users

Vendors agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute escalates to Market X Limited, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Market X Limited’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Vendor unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a chargeback or other form of request for payment reversal, Market X Limited will respond to the payment network as the merchant of record on behalf of the Vendor involved in the transaction. The Vendor agrees to provide any information to Market X Limited within five (5) calendar days of the request. Market X Limited reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Vendors are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Vendors will not be reimbursed for prohibited items.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Market X Limited may participate in the dispute at its discretion. After a transaction is processed, Market X Limited is the final arbiter of disputes between Users and Market X Limited shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a chargeback without first filing a dispute against the Vendor through the Market X Limited Help Center, or for filing false chargebacks.

If you have a dispute with one or more Users, you release Market X Limited and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

20. Indemnification; Limitation of Liability

We hope this never happens, but if Market X Limited gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Market X Limited to the best of your ability. That means you must assist Market X Limited in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither Market X Limited, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Market X Limited’s aggregate liability for any damages exceed the greater of one hundred ($15,000) Jamaican Dollars or the amount you paid Market X Limited in the past twelve months for use of the Service.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Market X Limited from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARKET X LIMITED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

MARKET X LIMITED IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. MARKET X LIMITED HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL MARKET X LIMITED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARKET X LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF MARKET X LIMITED TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO MARKET X LIMITED FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $15,000 JMD.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR MARKET X LIMITED ACCOUNT BALANCE, THE SOLE REMEDY AGAINST MARKET X LIMITED SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL MARKET X LIMITED BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF MARKET X LIMITED OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

MARKET X LIMITED SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

MARKET X LIMITED SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. Market X Limited shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

21. Miscellaneous

These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Market X Limited.
The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Market X Limited regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice

If Market X Limited determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Market X Limited shall not be liable for any damages incurred due to the fact that Market X Limited’s notice or communication was not received or was delayed.

You may print or download our policies.

Taxes

In general, items purchased by, and shipped to, Buyers in Jamaica and charges for shipping may be subject to applicable Transaction Taxes GCT (“Taxes”). Taxes are not included in the listed price for any item(s) listed by Vendors; rather Taxes will be separately stated and added to the order total during checkout, if applicable.

Market X Limited will collect Taxes from Buyers on behalf of Vendors where required. The collected Tax amounts will be reported by Market X Limited and remitted to the appropriate taxing authority on behalf of Vendors. Vendors are responsible for any and all Taxes except to the extent Market X Limited chooses or is required to calculate, collect, report and remit such Transaction Taxes according to applicable law.

If you qualify for an exemption from sales tax, Market X Limited will accept valid tax exemption documentation entitling such exemption holders to purchase on Market X Limited without paying sales tax. Refer to our Sales Tax Policy for information on how to submit your tax exemption documentation. Alternatively, Buyers may be able to receive a credit for sales tax paid to Market X Limited directly from the Tax Office.

You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service. For more information see our Sales Tax Policy.

22. Legal Disputes

You and Market X Limited each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Market X Limited relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND MARKET X LIMITED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MARKET X LIMITED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS

Updated:

12/13/22

eCommerce Redefined