Terms of Use

These terms and conditions govern your use of Hardware & Lumber Limited’s (‘Hardware & Lumber’) website (“this Site”). The use of the terms ‘you’, ‘your’ or “User” apply to a user of this Site.

  1. Use of Site

By using this Site, you accept these terms and conditions in full and therefore if you do not agree with these terms and conditions or any part thereof you are not to use this Site.  During the term of this Agreement, Hardware & Lumber grants to you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Use. 

  1. Intellectual Property Rights

The design, photographs, audio and video clips, text, illustrations and images including without limitation the trademarks, trade dress, service marks and logos and all other intellectual property contained on this Site ("Marks") are owned by or licensed to Hardware & Lumber and or its affiliated companies and are subject to copyright and other applicable intellectual property rights. Hardware & Lumber reserves all rights in and to the Site and the names Hardware & Lumber and H&L Agro are registered trademarks of Hardware & Lumber Limited. You agree not to engage in the use, copying and or distribution of the Site and or its Marks other than expressly permitted.

  1. Conduct of Users

The following conduct in the use of this Site are strictly prohibited:

  • the selling renting, sub-licensing or utilizing any material on this website for commercial purposes;
  • the editing or otherwise modifying of any material on the Site;
  • any unauthorized accessing of this Site through any means to, without limitation, upload viruses, worms or other software agents and or collect any personally identifiable information from the Site.

Users of the Site are granted a limited licence to copy, distribute, download, and or print portions of this Site for the purposes of placing orders, purchasing goods and services from Hardware & Lumber or utilizing the Site as authorized herein as a shopping resource. The permission granted to use this Site terminates automatically if any of the Terms of Use are breached.

  1. User Content & Licence

All material and information including ideas, text, videos, audio and images posted or submitted to this Site or otherwise provided to Hardware and Lumber from time to time by you are referred to herein as ‘your content’.  By posting and or submitting your content to the Site, you grant Hardware & Lumber a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Hardware & Lumber's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against the User or Hardware & Lumber.  Hardware & Lumber reserves the right to edit or remove any material submitted to this Site, or stored on Hardware & Lumber’s servers, or hosted or published upon this Site.

You represent that your content is accurate; that use of your content does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify Hardware & Lumber for all claims resulting from your content supplied to Hardware & Lumber. 

  1. Pricing

Prices and the availability of items are subject to change without notice, Hardware & Lumber will therefore confirm the price and availability of an item after your order is submitted. Prices of items on the Site may differ from the prices of the same item in store. Hardware & Lumber uses best efforts to publish the correct prices of items on this Site however a small number of catalog items may be mispriced. If the correct price of an item is higher than the stated price on the Site, Hardware & Lumber may at its discretion, either contact you for instructions before accepting the order or cancel the order and notify you of the cancellation.  For information on how to obtain a refund or return an item you should review the Hardware & Lumber Refund & Return Policy.

  1. Disclaimer of Warranties

THIS WEBSITE IS PROVIDED “AS IS” AND HARDWARE & LUMBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARDWARE & LUMBER USES BEST PRACTICES TO PROVIDE ACCURATE COMPLETE AND CURRENT INFORMATION ON THIS SITE, NOTWITHSTANDING THIS, HARDWARE & LUMBER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE COMPLETE OR CURRENT.  NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. 

  1. Limitations of Liability

7.1 Hardware & Lumber Limited is not be liable to Users of this Site for any loss damages or expenses whatsoever under the law of contact, tort or otherwise in relation to the use, contents or otherwise in connection with this Site save and excepts in where such loss damage and expenses are directly as a result of the gross negligence and or wilful misconduct of Hardware & Lumber its employees, agents and or sub-contractors.

NOTWITHSTANDING SECTION 7. 1 HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW HARDWARE & LUMBER LIMITED, ITS AFFILIATED COMPANIES, OFFICERS, PERSONNEL, AGENTS AND OR CONTRACTORS WILL NOT BE RESPONSIBLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

By using this Site you agree that the exclusions and limitations of liability set out in the Site disclaimer and limitations of liability are reasonable.  If you do not think they are reasonable, you must not use this website.

 

  1. Privacy

For information about how Hardware & Lumber collects, uses, and shares information, please review our Privacy Policy. You agree that, by using this Site, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of that information.

 

  1. About these Terms & Conditions

Hardware & Lumber may modify these terms and conditions from time-to-time.  Note that modified terms and conditions will apply to the use of this Site as at the date that they are posted on this page. Users are advised to look at this page regularly to ensure that you are familiar with the most current terms and conditions.

If there are any inconsistencies between these terms and conditions and any additional terms or modifications, the additional terms will prevail to the extent of the inconsistencies.

If a User does not comply with these terms and Hardware & Lumber does not take action immediately, this doesn’t mean that Hardware & Lumber has waived any of its rights and therefore it may therefore take action in future.  

If a particular term is not enforceable, this will not affect any other terms in these terms and conditions.

These terms and conditions are governed by the laws of Jamaica and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Jamaica.

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