Terms and Conditions
Welcome to Insta Express, Insta Express is an eCommerce marketplace business platform where users can purchase the products listed by the suppliers registered with us. The platform with the domain name instaexpress.com (hereinafter referred to as the "Platform") is owned and managed by Insta Express, Store address - 1096 SS Erin Rd Debe, Trinidad West Indies (hereinafter referred to as "Insta Express")
2. SCOPE OF DESKTUS SERVICES
2.1. Through the Platform, Insta Express provides services including but not limited to
- (i) providing an online venue for its members to buy various goods and services listed on the Platform;
- (ii) collecting User information;
- (iii) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and
- (iv) any specialty or additional services as Insta Express may offer to Users from time to time.
2.2. Insta Express provides an online venue however, Insta Express is not manufacturing/producing/designing the products and/or services purchased by the User(s) via the Platform or neither does give any warranty and representation about the authenticity and quality of the product/service. All transactions shall be the responsibility of the members only. The Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Insta Express and other party.
2.3. To the extent you access the Insta Express Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Insta Express Services, you agree that we may communicate with you regarding Insta Express Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Insta Express Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of Insta Express and Insta Express owes no responsibility to provide you any information regarding such change.
2.4. This Website may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Suppliers and Providers about their products or services, receive and reply to messages from Website and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that Website may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Website. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages Website intends to send to you are not sent to another person or entity who acquires such mobile telephone number.
3. PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS
3.1. Subject to the terms and conditions stated in the Agreement, you may access and use the Website and any other software that may be made available by Insta Express in connection with the services or any mobile application(s) (future or present) (collectively referred to as the "Platform") and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that Insta Express, in its discretion, at any time during the use of the Platform may not provide any part of the Platform. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to Insta Express. You shall comply with all notices, codes of conduct and policies of the Insta Express published in connection with the use of the Platform and the services provided therein, and you shall promptly notify Insta Express if you become aware of a security breach or a potential security breach related to the Platform.
3.2. Insta Express reserves the right at all times to discontinue or modify any portion of the Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our terms and conditions from time to time in order that you stay informed as to any such changes. If we make changes to our terms and conditions and you continue to use the Platform, you are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the Insta Express’s posting thereof. Any use of the Platform by you after such notice shall be deemed to constitute acceptance by you of such modifications. The Agreement, as modified or amended from time to time, is a binding contract between Insta Express and you. If you visit, use, or use Insta Express Services through the Platform, you accept the Agreement.
3.3. The Platform is freely accessible to the User however; the User will have to register with us and create their account prior to availing Insta Express Services. If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to the Agreement (constituting a legal and binding agreement); (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Insta Express during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office. Our services are available only to those members who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per the applicable law i.e. User(s) must be at least 18 years of age to be eligible to use the Platform. Insta Express advises its User(s) that while accessing the Platform, they must follow/abide by the related laws.
3.4. The Agreement applies to User(s) if User(s) are visitors, registered - free or paid User(s) who access the Platform and avail services online or otherwise (including through mobile application) for any purpose in accordance with the Agreement along with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
3.5. If Website and Business Customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, Business Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Website and Business Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Website regarding EDI purchases made by Business Customer shall be deemed to be conclusive.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Insta Express is the sole owner or lawful licensee of all the rights to the Platform’s Intellectual Property. Platform’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The Platform’s content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in respect to the Platform and its content shall remain with Insta Express, its affiliates at all times or licensor's of Insta Express content, as the case may be.
4.2. All rights not otherwise claimed under the Agreement or by Insta Express, are hereby reserved. The information provided on the Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Insta Express does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from the Platform or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
4.3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Platform is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Insta Express be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of the Platform must hereby acknowledge that any reliance upon any content shall be at their sole risk.
4.4. Insta Express reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform or the content.
4.5. Insta Express is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace or otherwise - who post numerous trade leads for items on the Platform or otherwise - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Insta Express is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Insta Express is not endorsing a claim of infringement. Neither, in those instances in which Desktus declines to take down a listing, is Insta Express determining that the listing is not infringing, nor is Insta Express endorsing the sale of goods in such cases.
4.6. Insta Express respects the intellectual property rights of others, and we expect our User(s) to do the same. We believes that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the Insta Express website (the " Insta Express content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Insta Express, or otherwise commercially exploiting the Insta Express content. Systematic retrieval of Insta Express content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from Insta Express is prohibited.
4.7. In addition, use of the content for any purpose not expressly permitted in the Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Platform, you agree that you will not use the Platform to infringe the intellectual property rights of others in any way. Insta Express reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of the Platform, or if Insta Express believes that User(s) conduct is harmful to the interests of Insta Express, its affiliates, or other users, or for any other reason in Insta Express’s sole discretion, with or without cause.
5. LINKS TO THIRD PARTY WEBSITES
5.1. Links to third party website are provided by Insta Express as a convenience to User(s) and Insta Express has not have any control over such websites i.e. content and resources provided by them.
5.2. Insta Express may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's Services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. Insta Express believes that User(s) acknowledge that Insta Express has no control over such third party's website, does not monitor such websites, and Insta Express shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.
5.3. If you decide to access any of the third-party sites linked to or from this Platform, you do this entirely at your own risk. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Platform to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Insta Express makes no representation or warranty as to any third party Content, products or services, and you agree that Insta Express shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
6.1. Most content and some of the features of the Platform are made available to visitors free of charge. However, Insta Express reserves the right to terminate access to certain areas or features of the Platform (to paying or registered users) at any time for any reason, with or without notice. Insta Express also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Insta Express and/or other visitors. Insta Express reserves the right to limit, deny or create different access to the Platform and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
6.2. Insta Express withholds the right to temporary or permanent termination of account of any User for any of the following reasons:
6.2.1. If it concludes that the User(s) have provided any false information in connection with the member account to Insta Express or are engaged in fraudulent or illegal activities.
6.2.2. The User(s) breach any provisions of the Agreement.
6.2.3. Utilize Insta Express Services to send spam messages or repeatedly publish the same product information.
6.2.4. Post any material that is not related to trade or business cooperation.
6.2.5. Impersonate or unlawfully use another companies name to post information or conduct business of any form.
6.2.6. Any unauthorized access, use, modification, or control of the Platform data base, network or related services.
6.3. If Insta Express terminates a User’s account, User(s) will not have the right to re-enroll or join Insta Express under a new account or name unless formally invited to do so by Insta Express. In any case of termination, no charges will be refunded. User(s) acknowledge that inability to use the Platform wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall Insta Express be liable to the User(s) or any third parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Platform or any of its features.
7. REGISTERED USER(S)
7.1. To become a Registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily register themselves as Insta Express User.
7.2. User(s) can become a Registered User(s) by filling an online registration form on the Platform by giving desired information (name, contact information, etc.). Insta Express will establish an account ("Account") for the User(s) upon registration and assign a User alias ("User ID") and password ("Password") for log-in access to your Account.
7.3. If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or the Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Insta Express during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
7.4. By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Insta Express to share such information with other User(s). Insta Express may refuse registration and deny the registration and associated User ID and Password to any User for whatever reason. Insta Express Services may suspend or terminate an account at any time without any prior notification in interest of Insta Express or general interest of its visitors/other members without giving any reason thereof. Registered User is not a part or affiliate of Insta Express in any way.
7.5. You consent to be contacted by Insta Express through phone calls, text messages, notifications or any other means of communication, in respect to the services provided by Insta Express.
8. Data protection
9. POSTING YOUR CONTENT ON Insta Express PLATFORM (IPR)
9.1. Some of the content displayed on the Insta Express Platform is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Insta Express Services using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
9.2. Insta Express in such case is not the author. The content here is contributed by registered or paid User(s). Neither Insta Express nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third-Party Content on the Insta Express website. Any Third-Party content is the sole responsibility of the party who has provided the content. Insta Express is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party content, and shall not be liable to any User(s) in connection with his/her reliance on such Third-Party content. In addition, Insta Express is not responsible for the conduct of User(s) activities on the Insta Express Platform and shall not be liable to any person in connection with any damage suffered by any person as a result of any such User's conduct.
9.3. User(s) solely represent, warrant and agree to:
9.3.1. Provide Insta Express with true, accurate, current and complete information to be displayed on the Insta Express Platform and
9.3.2. Maintain and promptly amend all information to keep it true, accurate, current and complete.
9.4. User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Insta Express to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Insta Express website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Insta Express Platform (hereafter referred to as "Third-Party Rights").
9.5. User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information you post on the Platform or provide to Insta Express or authorize Insta Express to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Platform, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
9.6. User(s) hereby represent, warrant and agree that information submitted to Insta Express for display on the Platform will not:
9.6.1. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
9.6.2. Be part of a scheme to defraud other User(s) of the Insta Express Platform or for any other unlawful purpose;
9.6.3. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;
9.6.4. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
9.6.5. Be defamatory, libellous, unlawfully threatening or unlawfully harassing;
9.6.6. Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
9.7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9.7.1. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
9.7.2. Solicit business from any User(s) in connection with a commercial activity that competes with Insta Express;
9.7.3. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
9.7.4. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
9.7.5. Otherwise create any liability for Insta Express or its affiliates.
9.8. Insta Express reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which it reasonably believes is unlawful, could subject Insta Express to liability, violates the Agreement or is otherwise found inappropriate in Insta Express’s opinion. Insta Express reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
9.9. In connection with any of the foregoing, Insta Express may suspend or terminate the Account of any User as Insta Express deems appropriate in its sole discretion. User(s) agree that Insta Express shall have no liability to any User(s), including no liability for consequential or any other damages, in the event Insta Express takes any of the actions mentioned in this Section, and that you agree to bear the risk that Insta Express may take such actions.
9.10. Insta Express acts as a content integrator and is not responsible for the information provided by User(s) to be displayed on the Platform. Insta Express do not have any role in developing the content including product listings.
9.11. If you choose to participate in a promotion or other Website-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the website Activity, you agree not to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website activity;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "Junk mail," "Spam," "Chain letters," "Pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- "Stalk" or otherwise harass another person or entity; or
- Collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the website activity and may result in additional legal actions by Insta Express.
10. INTERACTION BETWEEN USERS
10.1. Insta Express provides a platform for exchanging information and sale transactions between Customers and Suppliers of products and services. Insta Express does not represent the Supplier or the Customer in any transactions. Insta Express does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by Suppliers or the ability of the Suppliers to complete a sale or the ability of Customers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. Insta Express cannot and does not confirm each User(s) purported identity.
10.2. User(s) acknowledge that User(s) fully assume the risks of purchase and sale transactions when using the Platform to conduct transactions, and that User(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
10.3. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. All the foregoing risks are hereafter referred to as "Transaction Risks".
10.4. User(s) agree that Insta Express shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Insta Express (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on the Platform solely for their personal or internal purposes. User(s) agree that they will not use the Platform to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, User(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
10.5. Insta Express reserves the right to add/modify/discontinue any of the features offered on the Platform.
11. LIMITATION OF LIABILITY/DISCLAIMER
11.1. The features and content of the Platform are provided on an "as is" and "as available" basis, and Insta Express hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Insta Express makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the Platform. Insta Express does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform does not violate any third party rights; and Insta Express makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Any material downloaded or otherwise obtained through the Platform is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from Platform or through the Platform shall create any warranty not expressly stated herein.
11.2. Under no circumstances shall Insta Express be held liable for an delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, pandemics, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Insta Express, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Insta Express Services (including but not limited to the display of your information on the Insta Express Platform) or from your breach of any of the terms and conditions of the Agreement. User(s) hereby further agree to indemnify and save Insta Express, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to Insta Express.
11.3. User(s) hereby further agree to indemnify and save Insta Express, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Platform or otherwise. User(s) hereby further agree that Insta Express is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Insta Express reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Insta Express in asserting any available defences.
11.4. Insta Express shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
12.1. All notices or demands to or upon Insta Express shall be effective if in writing and shall be duly made when sent to Insta Express in the following manner: 1096 SS Erin Rd Debe, Trinidad West Indies, Email: email@example.com
12.2. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence or email address provided by the User(s) to Insta Express, or by posting such notice or demand on an area of the Platform.
12.3. Notice to a User(s) shall be deemed to be received by such User(s) if and when Insta Express is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Insta Express’s posting such notice on an area of the Platform.
13. GOVERNING LAW
13.2. This Platform is controlled and operated by Insta Express from its offices in the State of [ENTER STATE], Trinidad and Tobago. Insta Express makes no representation that Content on this Platform is appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and Insta Express consent to bring any action to enforce this Agreement in the courts located in the [ENTER STATE], Trinidad and Tobago. Additionally, this Agreement shall be governed by and construed in accordance with, and any claims brought against Insta Express shall be governed by, the laws of the Trinidad and Tobago without regard to its choice of law principles. You acknowledge and agree that if you are located outside Trinidad and Tobago, providing Insta Express with any personal or proprietary information through the Platform indicates your consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with Insta Express’s standard business practices.
14. DISPUTE RESOLUTIONS – ARBITRATION [SAMPLE ARBITRATION CLAUSE]
14.1. Any dispute of any sort that might arise between Insta Express and User(s), including any matters or disputes relating to or arising from the purchase or use of any product, service, or information offered or made available through Insta Express, or arising from or relating to any communication between User(s) and Insta Express or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis and not in a class, consolidated or representative action, except that Customer may assert claims in small claims court if User’s claims qualify.
14.2. User(s) acknowledges and agrees that it is waiving the right to sue or go to court to secure relief. The Arbitration Act, Chap. 5:01 (“the Arbitration Act”) apply to all disputes between Insta Express and User(s), including any disputes relating to or arising from any purchases made by User(s). An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
14.3. To begin an arbitration proceeding, User(s) must send a letter requesting arbitration and describing its claim to Insta Express at 1096 SS Erin Rd Debe, Trinidad West Indies. Payment for all filing, administration and arbitrator fees will be shared by the parties. For claims totaling less than TT$[ENTER AMOUNT], User(s) may choose to have the arbitration conducted by telephone or based on written submissions. For all other claims, the proceeding will be conducted in person in the county where Customer lives or at another mutually agreed location.
If for any reason a claim proceeds in court rather than in arbitration Insta Express and User(s) each waive any right to a jury trial and further agree that any such court proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any provision of this Section, is held to be invalid or unenforceable, then that provision or portion notwithstanding, this Section will remain in force and effect, and such provision or portion will be deemed omitted, and this Section will be construed as if such provision had not been contained herein.
Insta Express and User(s) both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
15.1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.2. Insta Express’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives Insta Express’s right to act with respect with subsequent or similar breaches.
15.3. Insta Express shall have the right to assign its obligations and duties in the Agreement and in any agreement relating to any/all of its services to any person or entity.
15.4. If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15.5. All calls to Insta Express are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Insta Express may be monitored and recorded.
15.6. The Agreement constitutes the entire agreement between the User(s) and Insta Express’s with respect to access to and use of the Platform, superseding any prior written or oral agreements in relation to the same subject matter herein.
16. Contact Us
1096 SS Erin Rd Debe, Trinidad West Indies