These Terms and Conditions ("Terms") govern your access to and use of the Food Planet JA website and mobile applications (collectively, the "Platform"), operated by Solaris Digital Limited ("we," "us," or "our"). By accessing or using the Platform as a Customer or Merchant, you agree to be bound by these Terms.

1. Account Registration and Eligibility

• Eligibility: You must be at least 13 years of age to use this Platform. Users under 18 should use the Platform under the supervision of a parent or legal guardian.
• Customer Accounts: Registration requires a valid email address, phone number, and password.
• Merchant Accounts: Registration requires an email address, phone number, physical shop address, shop name, username, and password.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials. Any activity occurring under your account is your sole responsibility.

2. Payments, Fees, and Subscriptions

• Transaction Fees: All orders processed through the Platform are subject to a 4% fee plus GCT, and a tiered Platform Fee (1-4% based on the Merchant’s subscription level). These fees are non-refundable.
• Subscription Billing: Merchant subscriptions (Levels II, III, and IV) are billed automatically on a recurring monthly or annual basis.
• Cancellation: Merchants may cancel their subscription at any time. Cancellation is effective immediately; however, no refunds will be issued for the remaining period of the current billing cycle.
• Digital Wallet & Refunds: Food Planet JA utilizes a "Digital Wallet" system. In the event of a valid refund request, funds will be credited to the Customer’s digital wallet for future use on the Platform.

3. Merchant and Delivery Obligations

• Menu Accuracy: Merchants are solely responsible for ensuring that menu items, prices, descriptions, and allergen information are accurate and up to date.
• Hardware Policy: For Level III and IV subscribers, hardware (tablets/printers) provided becomes the property of the Merchant. As there are no refunds for early termination, the Merchant retains the device. Food Planet JA may, at its sole discretion, offer to buy back hardware after a technical vetting process at a reasonable market cost.
• Delivery Liability:
  • If the delivery is handled by a Food Planet JA staffed courier, we assume responsibility for the transit.
  • If the delivery is handled by the Merchant or a third-party courier, they are responsible for the food's condition.
  • Food Planet JA acts as a mediator in disputes to ensure a fair resolution for the Customer.

4. User Conduct and Content

• Reviews: Customers may post reviews and ratings. All content must be respectful, honest, and free of profanity, hate speech, or defamatory remarks. We reserve the right to remove any content that violates these standards.
• Marketing Rights: By joining the Platform, Merchants grant Food Planet JA a non-exclusive right to use their shop name, logos, and food photography for promotional and marketing purposes across digital and print media.

5. Data Privacy and Protection

• Compliance: We operate in strict alignment with the Data Protection Act (DPA) of Jamaica.
• Data Usage: Personal data is used internally to customize user experiences and preferences. We do not sell user data to third parties.
• Data Sharing: Essential information (name, location, phone, and order details) is shared with delivery partners and Merchants to facilitate fulfillment. Only essential banking details are shared with local financial institutions (e.g., NCB, JMMB) for payment processing.
• Legal Disclosure: We will only expose user data to government authorities if provided with a detailed, legal, and valid warrant or court order.

6. Disclaimers and Limitation of Liability

• Platform Availability: While we strive for 100% uptime, Food Planet JA is provided "as is." We are not liable for any losses resulting from temporary app downtime, technical glitches, or scheduled maintenance.
• Food Safety Disclaimer: Food Planet JA is a technology service provider that facilitates the connection between Customers and Merchants. We do not prepare, handle, or cook food. The Merchant is solely responsible for food safety, quality, and compliance with Jamaican health and safety regulations. Food Planet JA disclaims all liability for foodborne illnesses, allergic reactions, or injuries resulting from the consumption of food ordered through the Platform.

7. Governing Law and Jurisdiction

• Governing Law: These Terms are governed by and construed in accordance with the laws of Jamaica.
• Dispute Resolution: Any disputes arising from these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts in Kingston, Jamaica.

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