Welcome to KocoBay.com!
Welcome to this website (the “Site”), which is owned and operated by KocoBay.com. KocoBay.com maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. KocoBay.com reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
Items You Purchase
You understand that some items in our marketplace are produced by us and some items are made by independent sellers/artisans. Even though we try to create and curate high quality items, KocoBay.com cannot and does not make any warranties about their quality, safety or even their legality. You release KocoBay.com from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Placing an Order/Billing
KocoBay.com reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. KocoBay.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from KocoBay.com for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified during the payment process.
KocoBay.com may in its sole discretion restrict, cancel or refuse orders for violations of, or abuse of the KocoBay.com returns policy.
By confirming your purchase at the end of the payment process, you agree to accept and pay for the products, as well as all shipping and handling charges and applicable taxes that apply.
Availability of Products
KocoBay.com cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. KocoBay.com reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from KocoBay.com. KocoBay.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Jewelry
All Jewelry featured on this website are for adults only and not for children. Some people are allergic or sensitive to certain metals/alloys found in jewelry. Even though some jewelry may be labelled as ‘hypoallergenic’, lead-free or nickel-free, we cannot guarantee that they are or that someone with sensitive skin will not have a reaction. You are solely responsible for your use of jewelry purchased through this website and the consequences thereof. Even where no description has been provided as to the make-up of the jewelry, you are responsible for the purchase of such jewelry and KocoBay.com cannot be held responsible for your use of such items and the consequences thereof.
Shipping and Delivery
Products will be shipped to a registered hotel, villa or guesthouse address in Jamaica designated by you. We do not offer international shipping at this time.
Returns
Returns must be done at least 3 days in advance of your island departure date. The carrier/courier is liable for the loss of or damage to any products damaged in-transit.
Order Cancellation
You can request cancellation of an order via email before you make payment. If you wish to cancel after making payment, you will receive an email confirmation if we are able to cancel the order.
Hyperlink Notice – Third Party Web Sites and Information
The Site may provide hyperlinks to third party websites or access to third party content. KocoBay.com does not control, endorse, or guarantee content found in such sites. You agree that KocoBay.com is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that KocoBay.com shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
Copyright Information/Graphics/Audio/Video/Photographs/Logos
The Site and the content within the Site(including but not limited to text, content, photographs, video and audio, graphics,logos), are the property of KocoBay.com and/or its suppliers and are protected by Jamaican copyright laws and international treaty provisions. The compilation, organization and display of the content are the exclusive property of KocoBay.com.
Material Provided to Us or Posted On or Through the Site
We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages for review by the general public, registered users of the Site or by the members of any public or private community (“Submission”) and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any submission.
Privacy Statement
Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view the Privacy Policy to learn more about our privacy guidelines.
Indemnity
You agree to defend, indemnify, and hold harmless KocoBay.com, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply.
Rules of Conduct
You agree not to submit any content in any forums, chats, emails or otherwise that:
• is libelous, defamatory, obscene, pornographic, or otherwise illegal;
• is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.)
• abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
• infringes any party’s intellectual property rights, including without limitation copyrights and trademarks;
• impersonates another person or misquotes another person
• violates any applicable law, or violates any party’s rights; or
• offers or advertises any goods, or services or solicits any funds or consideration.
Disclaimer
THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. KOCOBAY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SITE CONTENT MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KOCOBAY.COM INCLUDING ALL CONTENT PROVIDERS AND MERCHANTS, EXPRESSLY DISCLAIM AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER SITE CONTENT PROVIDED ON THE SITE. MOREOVER, NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, RECENCY, COMPLETENESS, ADEQUACY, RELIABILITY, SUITABILITY OR APPLICABILITY OF ANY SITE CONTENT TO A PARTICULAR SITUATION, OR AS TO THAT OF ANY THIRD PARTY WEBSITE. KOCOBAY.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KOCOBAY.COM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION, DATA OR MATERIAL OF ANY KIND, LITIGATION, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF KOCOBAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED USE OF KOCOBAY.COM. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Contact Information
If you have any questions regarding these Terms of Use, please email us at info@kocobay.com