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Terms and conditions
SOL Petroleum
Last updated: Aug 17,2023
Region: Jamaica
INTRODUCTION
We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Website from time to time (collectively, the “Terms and Conditions”). Your use of the Website constitutes your agreement with the Terms and Conditions that follow, and we reserve the right to modify these Terms and Conditions at any time. When we make changes, you will be notified via email. You agree to check this section periodically to be aware of any changes and your continued use of the Website shall be considered your agreement to any modified Terms and Conditions. These Terms and Conditions govern the use of this Website by you, (“the Customer”) and the Sol Group of Companies (“SOL”), as the supplier of petroleum products in the Caribbean, Central and South America (“the Services”). If you do not agree to these Terms and Conditions, please do not use this Website.
Section 1 - ONLINE STORE TERMS
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By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
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You must not transmit any ransomware, viruses, or other forms of malicious, or any code of a destructive nature.
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A breach or violation of any of the Terms and Conditions will result in an immediate termination of our Services and may result in criminal or civil proceedings as commensurate in your country of residence.
SECTION 2 - GENERAL CONDITIONS
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We reserve the right to refuse online service to anyone for any reason at any time. The Customer hereby consents to its content including but not limited to its purchase order, buying history and pattern, its customer information(not including credit card information), being transferred unencrypted and involved (a) in 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.
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The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - PRODUCTS
3.1 SOL offers its Customers:
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Lubricants and Greases;
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Various grades of gasoline and Diesel (“White Oils”).
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The sale and delivery of all Products presented on the Website is available for residents and businesses in the country in which the order was placed only. The Product descriptions inform the Customer of the necessary product information before the Customer places an order.
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SOL shall process each order in compliance with the industry rules and practices in force at the time of the order.
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White Oils are only available for Commercial Customers (as defined below) to order as there is a minimum order requirement of 500 gallons.
SECTION 4 - CUSTOMER ACCOUNT(S)
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Before ordering a Product(s) via the Website, each Customer must create an account.
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The Website allows Commercial Customers to create an account.
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A Commercial Customer includes Retailers (Dealers), registered companies or businesses who have entered into written agreements with SOL.
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When placing the first order, the Customer must follow the account creation procedure and provide his/her/their billing address, email address, telephone number(s) and create a password. This password is personal and is under the Customer’s responsibility. Customers must immediately inform SOL of lost or forgotten passwords by changing said password on the relevant the Website.
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Subject to section 4.4, once a Commercial customer creates an account, he/she/they will be directed to a call back by SOL where he/she/they will be required to provide specific documentation to verify the business or individual and its operations. Only after this documentation is approved by SOL, will a Commercial Customer be registered and therefore able to place orders on the Website.
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Retailer’s ‘Dealer Agreement’ and the Commercial Software Agreement shall prevail should any conflict or inconsistency arise between this Website’s terms and conditions hereof and the Dealer Agreement or the Commercia; Software Agreement as the case may be.
SECTION 5 - DATA PROTECTION
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All customers signing up for an account consent to the use of their personal data by SOL. All personal data received on the Website shall be processed in alignment with SOL’s Privacy Policy. This data will be used to process your orders and payments. It will also be stored for future orders and for legal and financial record keeping in accordance with the laws of the jurisdiction. Please refer to our Privacy Policy for our full privacy and security practices.
SECTION 6 - ORDER PROCEDURE
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If a Customer wishes to place an order, the Customer must add the desired Product(s) to the Customer basket by clicking on the “add to cart” button. The Customer can, at any moment, access the Customer cart and make changes by clicking on the corresponding link.
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Once the Customer is ready to confirm the Customer cart, and therefore the order, the Customer must click on the “proceed to checkout” button.
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The Customer will then follow the order procedure by providing the required invoicing and delivery information.
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The Customer will receive an information summary at the end of the procedure (“Purchase Order”):
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Order number;
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Ordered Products description;
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Ordered Products price (excl. and incl. VAT);
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Delivery fee, if applicable;
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Total order price;
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Method of payment;
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Invoicing address;
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Delivery address;
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the date and time, for delivery of the Product(s)
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The present General Terms and Conditions of Sale
In this way, the Customer can then correct any mistakes which may have occurred when entering the information.
If the order is correct, the Customer must read these General Terms and Conditions. By Clicking on confirm my order, Customer agrees to the Sales Condition.
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The Customer then confirms the order by clicking on the “place order” or “checkout” button. This final confirmation counts as a signature and express agreement of both the order and these General Terms and Conditions.
SECTION 7 - PROOF OF ORDER
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The computerized records stored in SOL’s computer systems will be considered as proof of communication and orders.
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It is expressly agreed that the data stored in SOL’s computer systems has probative value with regards to Customer orders.
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Purchase orders and invoices are filed on a reliable and durable support in order to provide an exact and long-lasting copy.
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Once an order has been confirmed, SOL sends the Customer confirmation by email to the email address provided on the Customer account.
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The Customer can track the Customer order via the Customer account on the Website.
SECTION 8 - PRICES AND PAYMENT
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The Product prices as stated on the Product descriptions are indicated in the local market currency or in the contracted currency in the case of commercial customers.
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The payment is made according to the conditions as stipulated when the order is placed.
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SOL does not have access to the Customer’s bank details and is simply informed that payment has been made by the aforementioned company.
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The Customer is aware and accepts that there may be a processing fee from their banking institution which shall be added to the total order price.
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If after one (1) week payment confirmation is not received, the order is cancelled and the Customer is informed by email.
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The Customer shall indemnify and hold harmless SOL for any payments made by mistake or in error from the Customer’s account.
SECTION 9 - AVAILABILITY
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Products are available for purchase as they appear on the Website.
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In the event that a Product is unavailable once an order has been placed, SOL will immediately inform the Customer and will, if need be, reimburse the Customer at the very latest within fourteen (14) days.
SECTION 10 - RIGHT OF USE
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Product purchase does not constitute any transfer or restriction of SOL’s intellectual property rights and/or know-how, whether before or after an order is placed.
SECTION 11 - DELIVERY
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SOL shall deliver the Product(s) to the shipping address unless otherwise advised, however in the case where a customer is noted as FOB, then the customer shall collect its order at the Terminal or Warehouse as the case may be.
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Deliveries shall take place from Monday to Friday (Saturdays for emergency deliveries), excluding public holidays, unless otherwise agreed by SOL and the Customer.
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Where SOL requires access to the Customer’s premises in order to deliver the Product(s):
a) SOL shall agree and confirm delivery times with the Customer in accordance with the Purchase Order (unless the Customer agrees otherwise);
b) SOL shall comply with any rules or security requirements applied by the Customer in relation to access to its premises.
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Except where otherwise agreed by the Customer, delivery of the Product(s) shall include unloading the Product(s) at such place and in such manner as the Customer shall reasonably direct in the Purchase Order.
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The Customer or its authorised representative is required to sign certifying that it received the Products(s) upon delivery. Upon the delivery date, if the Customer or its authorised representative is absent or unavailable, delivery will be rescheduled.
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SOL shall deliver the Product(s) on or before the date given in the Purchase Order, unless otherwise agreed. Any failure by SOL to deliver the Product(s), except for reasons of Force Majeure by the date given in the Purchase Order, shall entitle the Customer to either cancel the order or arrange for an alternative date for delivery. If the Customer chooses to cancel the order his/her account shall be credited.
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Sol’s delivery driver or authorized agent may elect to decline to deliver the Product at the delivery location if, in his/her/their reasonable assessment, the Premises or equipment presents an unsafe or unacceptable delivery risk. Delivery will be rescheduled upon correction of the safety or delivery deficiency identified by Sol’s delivery driver or authorized agent.
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Sol may, from time to time and upon notice to the Customer modify or supplement any arrangements for placing orders, dispatching, delivering and/or invoicing the Products.
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If the Customer is unresponsive or unreachable 24 hours prior to delivery, SOL shall cancel the order and the CIF Customers shall incur a penalty to be deducted from any payment made on the undelivered product. The Customer shall call, arrange and confirm a new delivery date and time, at a cost determined at the time of rescheduling the delivery.
SECTION 12 - PROPERTY AND RISK
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Property and risk in the Product(s) shall pass to the residential Customer on acceptance of delivery, whereas for Commercial Customers, the Product(s) will become the property and risk of the Commercial Customer on the passing of the flange or coupling of the connection with the Customer’s receiving hose.
SECTION 13 - FORCE MAJEURE
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A force majeure event includes but is not limited to government controls, Acts of God, wars, commotions or riots, national shutdowns, hurricanes, storms, floods, fires, earthquakes, epidemics, pandemics, lack or shortage of electricity and any other events or forces beyond reasonable control of either Party.
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In the event of a force majeure, as defined in section 13.1, the Parties’ obligations, in terms of the Purchase Order, will be suspended during the force majeure event and will be reapplied once the latter has been declared as finished.
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Failure to execute an order due to a force majeure shall not give rise to any right of recourse. In the case where any such event may prevent SOL from honouring its commitments, SOL will inform the Customer as quickly as possible.
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SOL and/or the Customer will be able to cancel the order, after notification, if the force majeure lasts for longer than thirty (30) days following its initial occurrence. Neither Party will have the right to claim damages or compensation. SOL shall however after the thirty (30) day period, refund the Customer.
SECTION 14 - DEFECTS AND DAMAGES
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Customers will be required to contact SOL’s customer service within one (1) day after delivery, via email or telephone, in the event that a Product(s) is damaged or defective. SOL shall thereafter give the Customer instructions and conduct its own investigation, should the investigation reveal that SOL is at fault, SOL shall replace and re-deliver the Product(s) within four days . If no amicable agreement is reached one (1) day after the investigation is complete, the Customer shall have recourse in section 23.
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SOL shall not be liable under the section 21 if testing and examination by SOL discloses that the Product has been modified or altered in any manner by any party other than SOL. .
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Should the Customer, its agents or any third party be found responsible for any defect and/or damage, the Customer shall be responsible for cost of the replacement Product(s) and/or cylinder.
SECTION 16 - NOTICE
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Any notice or other communication given under or pursuant to this Service must be given in writing and must be delivered in person or sent by post or email. Written notices must be sent to the address for communications (billing/invoicing address) given in the Purchase Order, whereas Customers may send written notices to the Sol’s office or the email address shown on the Website.
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Either Party may change their address for notice at any time and shall be effected seven (7) days after requesting said change.
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An email is deemed to be received two (2) hours after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered. Registered mail is deemed to have been received seven (7) days after it has been delivered.
SECTION 17 - HEALTH AND SAFETY
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Health, Safety and Protection of the environment are of the utmost concern to the SOL. In order to achieve maximum safety in the use of the Product(s), SOL has detailed certain basic safety regulations which are linked on our Website.
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If an escape, spillage or discharge of the Product(s) occur while it is being delivered to the Customer, SOL shall promptly take any action as is reasonably necessary to remove the spilled product and mitigate the effects of such spillage. This provision does not apply if the spillage is caused by the Customer’s negligence.
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Any expense or penalties arising from spillage, escape or discharge, if caused by SOL shall be borne by the SOL. Conversely, any expense or penalties arising from spillage, escape or discharge, if caused by the Customer shall be borne by the Customer.
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The Customer hereby binds itself to observe these regulations and indemnifies the SOL against any accident, damage or injury to itself, its servants or third parties arising directly or indirectly from failure to observe these regulations.
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SOL hereby binds itself to observe these regulations and indemnifies the Customer against any accident, damage or injury to itself, its servants or third parties arising directly or indirectly from failure to observe these regulations.
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If, for any reason whatsoever, the Customer or its authorised agent does not at all times throughout the delivery period comply fully with the safety and operating standards as required by the SOL, then SOL, reserves the right to discontinue the delivery.
SECTION 18 - INDEMNITY
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The Customer shall be liable and shall indemnify and save harmless SOL from any losses, claims, suits, actions and/or liability for death or injury to any person, third party or damage to property which may arise out of or in consequence of the use of the Product(s), provided that where such injury or damage arises out of the gross negligence of SOL and/or its employees or agents or is due to any defect of the Product(s) then the Customer shall not be so liable.
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SOL shall be liable and shall indemnify and save harmless the Customer from any losses, claims, suits, actions and/or liability for death or injury to any person, third party or damage to any property which may arise out of or in connection with any gross negligence of SOL and/or its employees, contractors or agents in the performance of this Agreement or any Product that does not conform to the advertised specification provided that same is not caused by the misuse, mishandling or improper storage of the Product(s) by the Customer and/or any willful or negligent act of the Customer.
SECTION 19 – MAINTENANCE OF THE SITE
19.1 You acknowledge and agree that from time to time we may need to:
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fix defects and errors in the Website;
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install updates and undertake general diagnosis and maintenance of the Website; and
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undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Website may be less accessible or unavailable to you from time to time.
SECTION 20 - TERMINATION OF ACCOUNT
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An account may be terminated by the Customer or SOL by giving fourteen (14)days’ notice in writing. However, SOL shall be entitled to, without notice, forthwith terminate a Customer’s account if the Customer is in breach of any term or condition herein.
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Upon termination, Customer(s) shall pay to SOL any and all outstanding sums within seven (7) days and SOL shall pay the Customer(s) any outstanding credit on their account. These payments shall be made at SOL’s office mentioned on the Website.
SECTION 21 - WARRANTIES
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SOL warrants that it shall perform the Services in good faith and with due professional care. Further, SOL warrants that the Product(s) shall fit the description given on the Website shall be adequately contained and packaged within the description given SOL, shall conform to the agreed upon specifications.
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NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARAY CONTAINED IN THIS AGREEMENT, SOL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEBSITE WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, SOL PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
SECTION 22 - LIMITATION OF LIABILITY
22.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER SOL, CUSTOMER NOR ANY THEIR RESPECTIVE AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS PROFITS OF ANY KIND OR NATURE WHATSOEVER (SUCH AS, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, INTERRUPTION OF SERVICE, WASTED EXPENDITURES, LOSS OF GOODWILL, LOSS OF SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS); PROVIDED THAT THIS LIMITATION SHALL NOT APPLY WITH RESPECT TO THE GROSS NEGLIGENCE, WILFUL OR INTENTIONAL MISCONDUCT OR FRAUD OF EITHER PARTY. UNDER NO OCCASION MAY THE DAMAGES PAYABLE BY SOL EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR ANY SERVICE PROVIDED BY SOL UNDER THIS WEBSITE.
SECTION 24 - DISPUTE RESOLUTION
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Subject to section 15.1, if any question, dispute or difference (the “Matter in Dispute”) shall arise between the Customer and SOL in relation to these Terms and Conditions, either Party shall as soon as reasonably practicable give to the other notice of the Matter in Dispute specifying its nature and specifying the steps that the party giving the notice considers needs to be taken to resolve the Matter in Dispute. Failing resolution of the Matter in Dispute by the parties within thirty (30) days after receipt of such notice, the parties shall agree to resolve the matter in dispute by mediation. Where there is no resolution by mediation within thirty (30) days, either party may commence legal proceedings in the courts of the territory in where the Product was delivered in order to resolve the Matter in Dispute.
SECTION 25 - GOVERNING LAW
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These Official Terms and Conditions are subject to and governed by the laws of the country for which the order was placed..
SOL’S E-COMMERCE
PRIVACY POLICY
Last Updated: March 1st 2023
This Privacy Policy sets out how Sol (“we”) uses and protects any information received from users on our Website. This Policy applies to all jurisdictions where Sol’s e-commerce platform is available and shall be read in conjunction with the Data Protection Law of each territory.
By using or accessing our websites or by providing personal information to us on or through these websites, you consent to the collection, use, transfer and disclosure of that information in accordance with this privacy policy and applicable law.
“Personal data” means data relating to a living individual or entity who can be identified either from the data or from the data in conjunction with other information in the possession of Sol. This includes information (this is not an exhaustive list) such as the customer’s name, addresses, contact numbers, email, and credit card information.
Security
Sol is committed to protecting the privacy of our customers and visitors to this website. We will not market, sell, disseminate, disclose, trade, transmit, transfer, share, lease or rent any personal data to any third party unless specifically authorized by you to divulge your information except:
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to third party service providers who provide data hosting and storage services;
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as we have disclosed to you in this Privacy Policy;
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where we are required by law or we are under a legal obligation to do so or we believe that such action is necessary to comply with the law and reasonable requests of law enforcement or such other competent governmental authority or where ordered by the court;
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where required to protect the security, quality or integrity or our service;
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where required to protect Sol’s rights including the right to bring or defend any civil or criminal claim;
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where required to protect the property, or safety of Sol, other users or the public.
Please note that you are responsible for maintaining the security of your credentials used to access any service or account, and you must report suspected unauthorized activity to us.
Sol shall make reasonable efforts to restrict access to information to only those employees, contractors, and agents who need such access in order to operate, develop, improve, or deliver our products, and services.
General Duty of Care and Third Parties
Sol shall put measures in place to prevent data breaches and securely protect the data. Any affiliate or third party which Sol employs shall be required to provide a comparable level of security.
Information Collection
The information collected and retained is used to:
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To provide the service;
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To process orders and payments;
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To send notices about your account;
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Enabling you to access your account across devices;
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For internal analysis and research to help us improve our existing and create new products and services;
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Administering our website and app, investigating any complaints and providing customer service; and
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To administer contests, promotions, or surveys;
We use this information because:
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It is necessary to provide the service;
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It is necessary to perform our obligations or exercise our contractual rights; and
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It is necessary to comply with applicable laws or regulations;
We have a legitimate business interest to:
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Manage and promote our businesses and brands;
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Monitor, investigate and report any attempts to breach the security of our Website;
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Provide and improve our services; and
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Operate our business;
Any information provided to, or collected by Sol, whether through this website, at our office or through other forms of transmission, remains private and confidential.
Data Breaches
Should there be a breach of personal data, Sol shall abide by the laws of the territory and dutifully follow their process and procedure. As such, Sol may be required to; conduct an impact assessment, notify the data controller and/or the data subject, if required by law.
Cookies
A cookie is a small text file which includes a unique identifier that is sent by a web server to the browser on your computer, mobile phone or any other internet enabled device when you visit an on-line site. Cookies and similar technologies are widely used to make websites work efficiently and to collect information about your online preferences. For simplicity, we refer to all these technologies as "cookies".
Erasure or Rectification of Information
You have the right to access personal information we hold about you and to be provided with a copy of the information (in most circumstances). You also have the right to correct any information we may hold about you that is inaccurate.
If you at any time wish for your information to be rectified, you may do so yourself by editing the requisite fields on your account and saving the changes. Pursuant to the Terms and Conditions, an account may be terminated either by Sol or the Customer. As such, Sol, its affiliates and any contracted third party will be required to erase all personal data relating to you except as provided for in the Security clause above.
Changes in Our Privacy Policy
This Privacy Policy may be reviewed and amended as and when Sol deems necessary. Sol will notify you of any changes to this policy via email or by placing a prominent notice on our Website. If you have any questions about our privacy policy, please feel free to contact us via telephone or email under the Contact Information heading which can be found on the Website.
Governing Law
By choosing to visit our Website or provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of Jamaica, Suriname, Guyana and/or Grenada. You also agree to abide by any limitation on damages contained in our Terms and Conditions, or other agreement that we have with you.