Terms and Conditions

Account Terms

  • You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  • To access and use the Services, you must register for a DOOR account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. DOOR may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  • You acknowledge that DOOR will use the email address you provide as the primary method for communication.
  • You are responsible for keeping your password secure. DOOR cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  • You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your DOOR Account (“Account Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any term in the Terms of Service as determined in the sole discretion of DOOR will result in an immediate termination of your services.

 

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a member of DOOR.

The Terms of Service shall be governed by and interpreted in accordance with the Laws of Jamaica applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Jamaica with respect to any dispute or claim arising out of or in connection with the Terms of Service.

You acknowledge and agree that DOOR may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on DOOR’s website, available at https://www.discoverdoor.com and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to DOOR’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the DOOR service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Jamaica. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DOOR.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use DOOR or DOOR trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to MSmith@discoverdoor.com.

You understand that your Account Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by DOOR, is governed by its privacy policy.

 

DOOR Rights

We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any DOOR customer, DOOR employee, member, or officer will result in immediate Account termination.

DOOR does not pre-screen Account Content and it is in our sole discretion to refuse or remove any Account Content that is available via the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that DOOR employees and contractors may also be DOOR customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

DOOR retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, DOOR reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

Limitation of Liability

You expressly understand and agree that DOOR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall DOOR or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, DOOR partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

DOOR does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

DOOR does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

DOOR does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

 

Waiver and Complete Agreement

The failure of DOOR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DOOR and govern your use of the Service, superseding any prior agreements between you and DOOR (including, but not limited to, any prior versions).

 

Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the DOOR service. All material you upload remains yours. You can remove your DOOR Account at any time by deleting your Account.

By uploading Store Content, you agree: (a) to allow other internet users to view your Account Content; (b) to allow DOOR to display and store your Account Content; and (c) that DOOR can, at any time, review all the Account Content submitted by you to its Service.

You retain ownership over all Account Content that you upload to a DOOR Account; however, by making your Account public, you agree to allow others to view your Account Content. You are responsible for compliance of Account Content with any applicable laws or regulations.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

DOOR shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

 

Product Search

DOOR Product Search is an online service available at: www.discoverdoor.com (the “Product Search”) that shows the product you list that are available for wholesale by third parties (“Product Search Content”).

DOOR does not pre-screen Product Search Content and we may refuse or remove any Product Search Content on the Product Search option at any time and in our sole discretion. We may, but have no obligation to, review and remove Product Search Content containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, counterfeit, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or the Terms of Service.

You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Product Search Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.

The Terms apply to the sale or offering of sale of any Product Search Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Product Search Content is processed using the Services.

Door reserves the right, in its sole discretion, to increase the Transaction Fees applicable to the sale of any Product Search Content.

Under no circumstances shall DOOR be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Product Search Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if DOOR has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

The Product Search tool is provided by DOOR “as is” and DOOR is not responsible or liable for any sale arising from your use of the tool. You should have a suitable written agreement in place with any person that purchases goods wholesale from you. These Terms of Service apply to you regardless of whether your wholesale transaction occurs on the DOOR platform. Your Transaction Fees may be higher if you sell wholesale on the DOOR platform.

 

Payment of Fees

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. DOOR will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and DOOR will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Jamaican dollars, and all payments shall be in Jamaican currency.

 

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

If you are a resident of Jamaica, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of DOOR’s products and services. These Taxes are based on the rates applicable to the Jamaican billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of DOOR’s products and services, including without limitation, your subscription to or purchase of DOOR’s Online Services Company Listing Advertising Services, Logo Creation or Third Party Services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are not a resident of Jamaica or the U.S., and not subject to Jamaican Goods and Services Tax/Harmonized Sales Tax (GCT/GST/HST) in respect of your subscription to or purchase of DOOR’s products and services, you must provide us with a statement by email to MSmith@discoverdoor.com stating that: (i) you are not a resident of Jamaica or the U.S.; (ii) you are not GCT/GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Jamaica when DOOR’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of DOOR’s products and services, which will be billed to your Authorized Card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Jamaica, you must advise us immediately by email to MSmith@discoverdoor.com.

For live payment gateways, a valid credit card is required. You will be billed for your Subscription Fees every 30 days and have 2 weeks to pay. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds

DOOR does not provide refunds, unless authorized buyer.

 

Cancellation and Termination

You may cancel your Account at anytime by emailing MSmith@dicoverdoor.com and then following the specific instructions indicated to you in DOOR’s response.

Upon termination of the Services by either party for any reason:

DOOR will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

any outstanding balance owed to DOOR for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

your Account will be taken offline.

If you advertise through DOOR, upon cancellation your Advertisement will no longer be displayed. Following cancellation, it will be your sole responsibility to handle all matters related to your advertisement removal, such as customer relation matters.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the DOOR Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, DOOR may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

To initiate a cancellation, email MSmith@discoverdoor.com. DOOR will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all advertising, services listing, brand/logo display and company or band references purchased through DOOR will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

 

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days notice from DOOR. Such notice may be provided at any time by posting the changes to the DOOR Site (www.discoverdoor.com) or the administration menu of your DOOR store via an announcement.

DOOR reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

DOOR shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Third Party Services

We are not responsible for third party services so use them at your own risk. If you use any third party services on the DOOR platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

 

 

Notice and Takedown Procedure

DOOR supports the protection of intellectual property and asks DOOR merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a Notice to DOOR at: MSmith@discoverdoor.com . Upon receiving a Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification by emailing MSmith@discover.com if they object to the complaint. The original complainant has 30 business days after we receive a counter email to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, email MSmith@discover.com.

 

Signing-up

The person signing up for the DOOR Service is responsible for the account and is bound by these Terms of Service. If you sign-up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

A breach or violation of any term in the Terms of Service as determined in the sole discretion of DOOR will result in an immediate termination of your services.

X