Terms and Conditions

By accessing www.ambereazzy.com, the mobile Amber Eazzy application (Apple store and google play) (the "Amber Eazzy Application") and its related websites, services, applications or tools (Collectively referred to as "Amber Eazzy") you are agreeing to these Terms and Conditions, which are designed to make sure that Amber Eazzy works for everyone.

These Terms and Conditions constitute a legally binding agreement between you and the Amber Eazzy ("the Company").

These Terms and Conditions constitute the entire agreement between the Company and you (the "Agreement"), superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

You accept these Terms and Conditions by clicking the "Create Account" button when registering an account with Amber Eazzy and by otherwise accessing or using Amber Eazzy.

Hereinafter the word "we" refers to Amber Eazzy, the Company, the Company's owners, the management and the personnel of the Company.

If you are under 18 years old you may use Amber Eazzy only with the consent of a parent or a guardian.

As a condition of your use of Amber Eazzy you agree that you will not:

• violate any laws;
• violate the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false, inaccurate or misleading material or message of any kind;
• infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm Amber Eazzy or the interests or property of Amber Eazzy users;
• impose or contribute to imposing an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of Amber Eazzy;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access Amber Eazzy and collect content for any purpose without our express written permission;
• copy, modify or distribute rights or content from the Amber Eazzy or Amber Eazzy's copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent
• bypass measures used to prevent or restrict access to Amber Eazzy;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Amber Eazzy and any consequences that may result from your post.

We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the present Terms and Conditions. We also reserve the right at our discretion to restrict a user's usage of Amber Eazzy either temporarily or permanently or refuse a user's registration. If we believe that you are breaching these Terms and Conditions in any way and/or behaving suspiciously on Amber Eazzy, we may, at our discretion, inform other Amber Eazzy users that have been in contact with you and recommend that they exercise caution.

Amber Eazzy is an open platform where users can advertise whatever they wish, provided that this is within reason and in compliance with any legal limitations.

Amber Eazzy tries to ensure that all the information provided through the advertisements is correct at the time of inclusion but cannot guarantee that the information contained is accurate, comprehensive, verified or complete.

Whilst every care has been taken in its preparation, Amber Eazzy does not make any warranties nor representations as to its accuracy or reliability. We neither accept nor assume any reliability in relation to the contents of these pages which should not be relied upon as accurate. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.

Users are solely responsible for the truth and accuracy of the information they post on Amber Eazzy in relation to the following:

• their personal information (including their name and contact details)
• information concerning the object and/or service they post about, promote, and/or advertise
• being in compliance with the Jamaica laws and regulations in regards to having the right to sell, rent, lease, commission, advertise, promote and/or act as agents in regards to, the objects or services they post on classifieds, advertisements and/or advertisement banners
• information they provide to other users via the chat system.

Users are solely responsible for any consequences that may result from their advertisement.

We reserve the right to refuse or delete or edit advertisements that we believe are inappropriate or otherwise considered unsuitable by Amber Eazzy for display.

If you post, promote or advertise or try to post, promote or advertise on Amber Eazzy goods or services that are forbidden by the law of Jamaica or are subject to regulation, or subject to special licensing by the authorities, we reserve the right to pass your details and IP address on to any law enforcement or regulatory authority. If you provide false or inaccurate details or impersonate another party or person, or claim to be authorized to sell, promote or advertise goods or services when you are not, we reserve the right to pass your contact details and IP address on to any law enforcement or regulatory authority.

Amber Eazzy does not permit the use of the Amber Eazzy name or logo by third parties without a written license agreement. We do not permit the use of the Amber Eazzy name or logo on any type of promotional materials, flyers or other websites without the above-mentioned agreement.

All information and materials appearing on Amber Eazzy are protected by copyright and are the property of Amber Eazzy or the party credited as the advertiser. You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Site.

All content displayed on Amber Eazzy is protected by copyright, trademarks, database and other intellectual property rights.

The information and links contained on Amber Eazzy are being provided for general information purposes only. When you access certain links on Amber Eazzy you may access other websites. We do not endorse or accept any responsibility for the content or accuracy of such web sites linked to Amber Eazzy, or for the products, services or other items offered through such web sites.

The information and/or opinions contained on Amber Eazzy are provided without any warranty of any kind, either express or implied.

Your correspondence or business dealings with advertisers found on or through Amber Eazzy, including payment and delivery of related goods, properties or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

In no event do we accept liability for any reliance placed by any person on the information contained on Amber Eazzy.

In no event, including (without limitation) negligence, will the Company, the Companies subsidiaries or affiates , the Company's owners, the management and the personnel of Amber Eazzy be liable:

• for false or inaccurate information posted on Amber Eazzy, advertised on Amber Eazzy or otherwise provided to Amber Eazzy and its representatives by the users.
• for any loss or damage of any kind, including (without limitation) any direct, special indirect or consequential damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to Amber Eazzy and/or other sites via Amber Eazzy.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

Amber Eazzy cannot and does not guarantee or warrant that any content or files available for downloading through Amber Eazzy or delivered via email through Amber Eazzy will be free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Please also see clause 07: Liability.

2.1 Common Rules

Your safety is our priority. All advertisers and buyers are strongly advised to exercise caution and follow all safety measures when arranging or concluding any deals through Amber Eazzy. Always meet in safe, public places, verify items and payments before finalizing a transaction, and avoid sharing unnecessary personal information. Amber Eazzy is not responsible for any loss, fraud, or harm resulting from transactions arranged between users.

• Only one account is available for each user. Phone numbers, which have been identified by technical analysis that they belong to the same person are determined as duplicates and are merged into one account.
• No contact details in titles or descriptions are allowed. Please add them to the corresponding fields. That way you will have more room to describe what you are advertising.
• Please use clean, clear and accurate photos. You cannot place your contact information (phone number, address, email, link on facebook) on product images. Images with words like "urgent", "clearance", "for sale" "good price" and so on are also prohibited. Misleading, fraudulent images are not allowed.
• You cannot post pictures of products that you do not own.
• It is acceptable when a photo contains a logo written only at the bottom or in the middle of the photo using small and transparent letters.
• No links to other websites in your ad are permitted.
• You are advised to post your ad under the most suitable category. This will give you the best exposure and keep our site clean and tidy.
• You can post one ad per item, and one item per ad. Just so nobody gets confused, do not post duplicate ads.
• You cannot use the name Amber Eazzy in the description of your post.
• Only sell a product if you have physical possession of it.
• No spam, please. This includes ad spam and keyword spamming in ads;
• If your post is no longer relevant, please choose a reason and take down the ad

2.2 Additional rules for Real Estate

• Only posts about real estate in Jamaica are allowed.
• Amber Eazzy operates as an advertising platform and not as a licensed real estate agent. As such it cannot provide assistance with any transactions related to real estate.
• Amber Eazzy is not in contact with the interested sellers or buyers.
• Amber Eazzy is not in contact with the interested landlords or tenants.
• Only owners of real estate, developers, agents, legal representatives of owners of real estate pursuant to a relevant Power of Attorney and first degree relatives of the owners or real estate can list real estate on Amber Eazzy.
• Amber Eazzy cannot arrange viewings of the listed properties.
• The information on Amber Eazzy is provided purely for informative purposes and does not constitute or form part of any offer or invitation by Amber Eazzy to sell or to rent real estate and it should not form the basis of, or be relied on in connection with or act as any inducement to enter into, any contract or commitment whatsoever with respect to any such real estate.
• Person/s or companies listing real estate on Amber Eazzy must at all times ensure that listing details are true and correct. Please note that any misrepresentation or misleading listings will be removed without notice.
• All enquiries in relation to real estate, must go to the persons listing the property.
• According to the relevant legislation to be considered a bona fide purchaser for value (i.e. a purchaser acting in good faith) you have to make reasonable enquiries before you proceed to buy any real estate. Therefore, interested buyers should independently ensure that the information in relation to the real estate they are interested in is true and correct. The interested buyers are advised to request title deeds of the property and/or a search from the Land Registry to establish, amongst others, the following: the true owner of the property, the size of the property, whether the property has a mortgage or other charges.
• The information supplied by third parties with reference to listing advertising properties are not guaranteed by Amber Eazzy, validity need to be confirmed via contacting person/s or agents who listed the property. If at any time you may think that any listing is misrepresenting true facts or is misleading, then please report the listing though specific button inside the add and the listing and the persons that posted it, will be investigated, and if your claim is justified the listing will be removed from Amber Eazzy.
• Your correspondence or business dealings with advertisers found on or through Amber Eazzy, including payment of a deposit or any other amount in relation to the purchase or real estate, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
• We are not liable for any loss or damage of any sort incurred as a result of any dealings in relation to real estate.
• Any form of fiduciary or estate agency relationship between us and the users, owners or real estate, developers and agents does not exist.
• We strongly recommend that you use the services of a lawyer prior to proceeding with any form of real estate transaction.

2.3 Forbidden Posts (including but not limited to)

• Adult-only: Adult entertainment, like blue movies, enhancing drugs, sex toys;
• Erotic products;
• Alcohol;
• Animal parts;
• Cigarettes, electronic cigarettes, liquid for smoking and related products;
• Competing websites;
• Dangerous and/or illegal gases and substances;
• Drugs and drug paraphernalia;
• Medication only available by prescription;
• Food supplements;
• Firearms and ammunition (even if it is legal to buy them);
• Steel arms (knife etc);
• Fireworks of any kind;
• Gambling;
• Historical artifacts / protected heritage goods;
• Personal information or mailing lists;
• Propaganda;
• Prostitution;
• Stolen objects;
• Terroristic propaganda / accessories;
• Threatened / protected wild life, plants and insects;
• Threatening, discriminating, violent or offensive behavior;
• Trade in human beings;
• Any kind of currency (except for numismatic purposes);
• Gift cards, vouchers, coupons, tickets, gift certificates;
• Fortune-telling, magical services, supplies and goods;
• Personal hygiene devices;
• Online and offline money loans, company liquidation and credit services;
• MLM, Pyramid and referral schemes

Amber Eazzy and Amber Eazzy's users work together to keep Amber Eazzy working properly and the community safe. Please report problems, offensive content, or policy breaches using our in-platform reporting system or by contacting us directly at [email protected].

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Amber Eazzy if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the present Terms and Conditions (including, without limitation, circumventing temporary or permanent suspensions or harassing Amber Eazzy personnel or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Amber Eazzy or not, we do not have any obligation to monitor the information transmitted or stored on Amber Eazzy and we do not accept any liability for unauthorized or unlawful content on Amber Eazzy or use of Amber Eazzy by users.

Using Amber Eazzy is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in JMD, and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new services.

You acknowledge that your ads may be deleted from the Amber Eazzy in case we believe these Terms and Conditions, including our Posting Rules, are breached, either directly or indirectly. We reserve the right not to refund the Amber Eazzy users for any fees paid through the use of Amber Eazzy.

Please also see clause 14: Refund and Cancellation Policy.

Amber Eazzy contains content from us, you, and other users. Amber Eazzy is protected by copyright laws and international treaties. Content displayed on or via Amber Eazzy is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Amber Eazzy without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Amber Eazzy. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Amber Eazzy (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future.

Amber Eazzy may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Amber Eazzy ad during the time your ad is on the Amber Eazzy site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at Amber Eazzy sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Amber Eazzy is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms and Conditions. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Amber Eazzy by private individuals in Jamaica. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Amber Eazzy.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Amber Eazzy comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Amber Eazzy, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) 10000 JMD (whichever is the lesser of the two values).

Please also see clause 02: Rules for posting ads ('Posting Rules')

If you have a dispute with one or more Amber Eazzy users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

A person who is not a party to this Agreement has no right under to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement.

By using Amber Eazzy, you agree to the collection, transfer, storage and use of your personal information by Amber Eazzy on Amber Eazzy servers located in various countries. You also agree to receive marketing communications from us. The Personal Information held by the Company shall be used for the sole purpose of providing you with the service and shall be used in accordance with the Data Protection Act, 2020. More information is provided in our Privacy Policy (Insert Link)

If a dispute arises between you and Amber Eazzy, we strongly encourage you to first contact us directly to seek a resolution by going to the Amber Eazzy Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement shall be governed and construed in all respects by the laws of Jamaica. You also agree that any claim or dispute you may have against the Company and/or Amber Eazzy and/or its personnel, must be resolved by the courts of Jamaica.

If any provision of these Terms and Conditions is held to be invalid, void or for any other reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We reserve the right, in our sole discretion, to modify, alter or otherwise update the Terms and Conditions at any time. Such modifications shall be effective immediately upon posting. By using Amber Eazzy after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms and Conditions.

If you're accessing Amber Eazzy from a mobile device using a Amber Eazzy Mobile Application (the "Amber Eazzy Application"), the following terms of use (the "Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to the Terms and Conditions and to the Terms of Use.

Application Use. Amber Eazzy grants you the right to use the Amber Eazzy Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Amber Eazzy Application (e.g. your wireless data service agreement.

Your download and use of the Amber Eazzy Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Amber Eazzy Application. Intellectual Property - Applications.

Amber Eazzy owns, or is the licensee to, all rights, title, and interest in and to the Amber Eazzy Application, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Amber Eazzy Application and you will not remove, obscure, or alter the Amber Eazzy copyright notice, trademarks or other proprietary rights, notices affixed to, contained within, or accessed in conjunction with or by any Amber Eazzy Application.

If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in JMD, and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new services.

You are responsible for paying the Amber Eazzy fees when they are due. If you do not, without prejudice to any other right or remedy we may be entitled to under these Terms and Conditions or by law, we may limit your ability to use Amber Eazzy.

You acknowledge that your ads may be deleted from the Amber Eazzy in case we believe these Terms and Conditions, including our Posting Rules, are breached, either directly or indirectly. We reserve the right not to refund the Amber Eazzy users for any fees paid through the use of Amber Eazzy.

Moreover, Amber Eazzy users cannot cancel the services already paid to Amber Eazzy.