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Terms of Use

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KINGSTON EXPRESS

TERMS OF USE #

Last Updated: [12/28/25]

These Terms of Use (“Terms”) govern your access to and use of the Kingston Express website, mobile application, and related services (collectively, the “Platform”).

By accessing or using the Platform, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.


1. ABOUT KINGSTON EXPRESS & ACCEPTANCE OF TERMS #

Kingston Express operates an online platform that enables buyers to purchase goods offered either by third-party sellers or directly by Kingston Express.

These Terms form a legally binding agreement between you and Kingston Express. Your acceptance is confirmed electronically when you access the Platform, create an account, or complete a transaction.

Kingston Express may update these Terms from time to time. Continued use of the Platform after updates constitutes acceptance of the revised Terms.


2. DEFINITIONS #

For purposes of these Terms:

  • “Kingston Express,” “we,” “us,” or “our” means Kingston Express and its affiliated entities.
  • “Buyer,” “you,” or “your” means any individual or entity accessing or using the Platform to browse or purchase products.
  • “Seller” means a third-party merchant offering products for sale through the Platform.
  • “Marketplace” means the online environment operated by Kingston Express that connects buyers and sellers.
  • “Kingston Express Retail Items” means products sold directly by Kingston Express as the merchant of record.
  • “Dispatched by Kingston Express” means that Kingston Express provides dispatchment services for an order, regardless of whether the product is sold by Kingston Express or a third-party seller.
  • “Dispatchment Services” means logistics, warehousing, order preparation, delivery coordination, and related services provided by Kingston Express.
  • “Order” means a request to purchase products through the Platform.

3. ROLE OF KINGSTON EXPRESS (IMPORTANT) #

3.1 Marketplace Intermediary #

For products sold by third-party sellers, Kingston Express acts solely as a marketplace intermediary. The seller, not Kingston Express, is the merchant of record and is responsible for:

  • Product descriptions
  • Pricing
  • Quality and safety
  • Warranties
  • Legal compliance

3.2 Kingston Express as Retail Seller #

For Kingston Express Retail Items, Kingston Express is the merchant of record and assumes responsibility as the seller of those items.

3.3 Dispatchment Services #

Where an order is marked “Dispatched by Kingston Express,” Kingston Express provides dispatchment services only. Dispatchment does not change the identity of the seller unless explicitly stated.


4. ELIGIBILITY & USER ACCOUNTS #

You must be at least 18 years old or have legal capacity to use the Platform.

If you create an account, you are responsible for:

  • Providing accurate information
  • Maintaining the confidentiality of your credentials
  • All activity conducted through your account

Kingston Express may suspend or terminate accounts that violate these Terms or applicable policies.


5. ORDERS & TRANSACTIONS #

5.1 Placing Orders #

By placing an order, you make an offer to purchase products subject to these Terms and applicable policies.

Orders may be rejected or cancelled due to:

  • Pricing errors
  • Stock unavailability
  • Payment authorization issues
  • Suspected fraud or abuse

5.2 Third-Party Seller Orders #

Contracts for products sold by third-party sellers are formed directly between you and the seller.

5.3 Kingston Express Retail Orders #

For Kingston Express Retail Items, the contract is formed directly between you and Kingston Express.


6. PRICING, PAYMENTS & PROMOTIONS #

  • Prices are displayed on the Platform and may change without notice.
  • Payment authorization may occur at order placement; capture may occur at dispatch.
  • Promotions, discounts, and promo codes are subject to additional terms and may be withdrawn at any time.
  • Taxes, fees, and delivery charges may be added where applicable.

7. DISPATCHMENT & DELIVERY #

Where applicable, Dispatchment Services are provided by Kingston Express.

  • Delivery times are estimates only, not guarantees.
  • Risk of loss transfers upon delivery to the address provided.
  • Failed deliveries due to incorrect information or unavailability may result in delays, additional fees, or order cancellation.

8. RETURNS, REFUNDS & CANCELLATIONS #

Returns and refunds are governed by the Returns, Refunds & Cancellations Policy, which is incorporated into these Terms by reference.

Different rules may apply depending on whether:

  • The item was sold by Kingston Express, or
  • The item was sold by a third-party seller

9. REVIEWS, RATINGS & USER CONTENT #

You may submit reviews, ratings, and other content where permitted.

By submitting content, you grant Kingston Express a non-exclusive, royalty-free license to use, display, and distribute such content.

Kingston Express may remove content that is false, abusive, misleading, or violates platform policies.


10. PROHIBITED CONDUCT #

You agree not to:

  • Engage in fraud or misuse of the Platform
  • Manipulate reviews or ratings
  • Circumvent platform systems or fees
  • Use the Platform for unlawful purposes
  • Interfere with platform security or operations

11. INTELLECTUAL PROPERTY #

All content, software, trademarks, and branding on the Platform belong to Kingston Express or its licensors.

You are granted a limited, non-transferable license to use the Platform for personal, lawful purposes only.


12. DISCLAIMERS #

The Platform and all services are provided “as is” and “as available.”

Kingston Express does not guarantee:

  • Continuous availability
  • Seller performance
  • Accuracy of third-party listings
  • Dispatchment timelines

13. LIMITATION OF LIABILITY #

To the maximum extent permitted by law:

  • Kingston Express shall not be liable for indirect, incidental, or consequential damages.
  • Liability, if any, is limited to the amount paid for the relevant order.

Nothing in these Terms limits liability that cannot be excluded under applicable law.


14. INDEMNIFICATION #

You agree to indemnify and hold harmless Kingston Express from claims arising from:

  • Your misuse of the Platform
  • Violation of these Terms
  • Unlawful activity conducted through your account

15. GOVERNING LAW & DISPUTE RESOLUTION #

These Terms are governed by the laws of Jamaica.

Any disputes shall be resolved exclusively in the courts of Jamaica, unless otherwise required by law.


16. MISCELLANEOUS #

Contact: [[email protected]]

Severability: Invalid provisions do not affect the remainder.

Assignment: Kingston Express may assign these Terms.

Entire Agreement: These Terms constitute the entire agreement between you and Kingston Express regarding Platform use.

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