Terms and Conditions

Please read the following Terms & Conditions carefully since they govern your use of the Kris An Charles Investments Co. Ltd. eStore website (krisancharles.com). From this point on, we will refer to the eStore website as “Service” and Kris An Charles Investments Co. Ltd. as “Kris An Charles” in these Terms of Conditions.

By accessing this site you indicate your acknowledgement and acceptance of these terms and conditions.

If you do not agree to the Terms & Conditions below, please do not access this site or any of the pages herein.

 

Definitions

“Service” means the payment service offered by Kris An Charles Investments Co. Ltd through the krisancharles.com website (“the website”), and a reference to the Service includes Kris An Charles eStore,  The eStore or eStore as the context may require.

“Agreement” means these Terms and Conditions of the Service which are legally binding on you and the Service once you give a Payment Instruction or other information on the website.

“Payee” means the Account holder or a Third Party giving the service Payment Instruction.

“Account” means a number assign to an Account holder by Kris An Charles, used to track transactions related to loan, which may include but not limited to  interest, repayment, liability and any applicable charges.

“Payment Instruction” means the information provided by you to the Service for a payment to be made to Kris An Charles Investments Co. Ltd for service fees or related to loan, which include interest, repayment, liability and any applicable charges. (such as, but not limited to, Payee name and Payee account number).

“Business Day” means every Monday through Friday from 8:30 AM to 5:00 PM, excluding public holidays.

“Scheduled Payment Period” means the period of two Business Days after your credit card is debited within which, subject to the provisions hereof, your Payee account shall be credited with your payment.

“Due Date” means the date reflected on your Payee statement on which the payment is due. It is not the late date or grace period.

“Scheduled Payment” means a payment that has been scheduled through the Service but has not begun to be processed.

 

Access to and from Website

All information submitted to the eStore, via this website shall be and remain the property of Kris An Charles Investments Co. Ltd. Kris An Charles shall be free to use, for any legal purpose, any ideas, concepts, know-how or techniques contained in information a user to this Website provides. We will use our best efforts to include accurate and up to date information on this website, but we make no warranties or representations as to the accuracy of the information.

 

Customer Service

Kris An Charles is committed to ensuring that customer service excellence is an integral part of the planning, resourcing, and delivery of all services.  When customers access our services they will receive consistently excellent standards of customer service   and this policy will ensure that all sections of our diverse community are able to access services. The policy recognizes development   in technology and the opportunities for customers to contact Kris An Charles and access services digitally.

We will acknowledge correspondence (e.g. e-mails, phone calls and website enquiries) within 1 business day.

We will respond to customer service queries within two business days.

All orders will be process promptly and email confirmation sent within one business day of initial order.

 

Service Responsibility

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, there may be delays in the crediting of some transactions to your account. The Service shall not be responsible for any such delay, but will bear responsibility only for the transaction information receive to credit the Payee account.

 

Payment Authorization and Instruction

By providing the Service with names and account information of Payee you wish to direct payments, you thereby authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction from you, you thereby authorize the Service to charge your credit card to add funds to your account on your behalf so that, subject to the terms and conditions herein contained, your account shall be credited within the Scheduled Payment Period. You also authorize the Service to credit your credit card for payments to be returned to the Payee by the Service

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability whatsoever for any loss, damage, expense or cost of any kind, and any Service guarantee shall be void and of no effect if the Service is unable to complete any payment initiated by you because of the existence of any one or more of the following circumstances:

Through no fault of the Service, your credit card does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit on your credit card;
The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
You have not provided the Service with the correct name, address, phone number, or account information for the Payee, or if any other information provided by you is incorrect; and/or,
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, break or surge in electricity supply or interference from an outside force) prevent the proper execution of the transaction.

Provided that none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your credit card or causes funds from your credit card to be directed to a Payee which does not comply with your Payment Instruction, the Service shall be responsible for correcting the improperly transferred funds by crediting the proper Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. This shall be the extent of the liability of the Service hereunder.

 

Payment Methods

The Service reserves the right to select the method in which to process funds. These payment methods may include, but are not limited to, credit card, an electronic payment, an electronic to cheque payment, or a laser draft payment.

 

Payment Cancellation

Once the Service has begun processing a payment it cannot be cancelled or edited. To the maximum extent permitted by law, any right of withdrawal or cancellation is excluded. You explicitly agree that we process the payment transaction before any right of withdrawal or cancellation expires. With this agreement you confirm that you lose any right of withdrawal or cancellation once we have started processing the payment transaction.

 

Prohibited Payments

Payments to Payees who Account does not currently represent are prohibited through the Service. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

 

Exclusion of Warranties

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Delivery Policy

Kris An Charles does not deliver. All delivery service is provided by a third-party and is restricted to Jamaica, This service is for eligible account members of Kris An Charles Investments Co. LTD

Not all product is eligible for delivery; if your order is eligible for delivery Kris An Charles shall notify you as soon as possible by email or phone.

All delivery dates are given in good faith but are subject to all matters beyond our control including acts of God, strikes, blockouts and delays by suppliers.

Where document is Purchase, the customer will be given the following options for delivery

• Branch Pickup
• Courier Delivery

Courier delivery option attracts a fee. Please note that your delivery may take longer during holidays, sales, weekends, or other busy periods.

Upon making a purchase Kris An Charles will electronically deliver the following documents to the email address used to access Kris An Charles website:

• Payment Receipt

Delivery Policy shall be governed by terms and conditions of this website

 

Your Liability for Credit Card Transactions

Subject to the Service Responsibility set out above, Kris An Charles is not responsible for transactions done using your credit card since Kris An Charles offers the Service using a secure server and therefore has no access to the particulars of your credit card and no control over the use of your card. For the avoidance of doubt, Kris An Charles shall not be liable to you in respect of any transaction done using your credit card or credit card account number whether or not such transaction was done by a third party without your knowledge or consent. You should print and/or save a copy of this Agreement or any transaction with this website for your records.

 

Refund policy

Please ensure you retain a copy of your emailed receipt once you have made a payment.

In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:

Telephone us at (876) 920-4189, or toll (local) at (888) 429-5626 during customer service hours;
Contact us by using the application’s e-messaging feature; and/or,
Write us at: krisancharles.com, 2 Eureka Crescent, Kingston 5, Jamaica W.I.

If you think your statement is incorrect or you need more information about a transaction listed on the statement, you must contact us no later than sixty (60) days after the FIRST statement was posted on which the problem or error appears. You must:

Tell us your name;
Describe the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. Notwithstanding the foregoing, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty five (45) days to complete our investigation.

All approved refunds are REQUIRED to be processed as follows:

If we decide to refund, we will provisionally credit your Credit Card Refund back to the same credit card that was used when the initial order was placed within ten (10) Business Days. Kris An Charles reserves the right to deduct any money owing from the refund for which you are eligible. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your credit card. If it is determined that there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find that an error did not occur.

 

Privacy

Kris An Charles does not store any of your credit card information in house; for security reasons, only the first 6 and last 4 digits of the card number is stored with our transaction gateway provider Plug’N Pay. All Gateway Transactions uses real-time IP-based transaction technology to provide secure, fast, reliable payment processing services.

All information is sent to the payment card processor via a Secure and encrypted channel (256-bit SSL/TLSv1.2). Card information is not stored on the Kris An Charles Website.

Kris An Charles may use standard Web tracking software to collect non-identifying information about visitors to its website such as:

Date and time website was accessed.
City, State and Country from which access was made.
Web browser used.
IP address (A numeric address given to servers connected to the internet).

Some areas of the web site may use a “cookie” temporarily stored in the visitor’s computer memory (RAM) to allow the web server to log the pages you use within the site and to know if you have visited the site before.

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Kris An Charles may use this information to create summary statistics and to determine the level of interest in its website.

Where it is necessary for completing transactions that you have requested;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or,
If you give us your written permission.

 

Password and Security

We are serious about protecting your privacy and the security of your Account information.

Kris An Charles uses advanced technology to protect the confidentiality of your financial activities while you are transacting business online. We require identification (username and passwords) to retrieve any account information, using our online technology. We have put mechanisms in place to block unauthorized users from accessing your account information.
A number of security measures have been instituted to ensure the integrity of your transactions and account information, including:

Enforcing the use of TLSv1.2 encryption browsers which meet high industry Internet security standards
Installing firewalls and monitoring our systems preventing unauthorized access to our internal systems and maintaining the safety of your information.
Implementing security enhancements to further protect the integrity of your online transactions and account information

You agree not to give or make available your password (where applicable) to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service with your credit card on your behalf, you are wholly responsible for any transactions that they authorize. If you believe that your password has been lost or stolen or that someone may attempt to use the Service with your credit card without your consent, you must notify the Service at (876) 920-4189, or toll (local) at (888) 429-5626 during customer service hours (8:30 a.m. – 5:00 p.m. each Business Day).

 

Service Fees and Additional Charges

Though the Service is free to you, there will be a charge for optional services offered by Kris An Charles on the website. You hereby agree to pay such charges and authorize the Service to deduct the calculated amount from your credit card for these amounts and any additional charges that may be incurred by you. The calculation of any such amount shall be final and binding on you, except in the case of manifest error. Any financial fees associated with your credit card will continue to apply. You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider.

 

Failed Transactions

In using the Service, you are requesting the Service to make payments for you from your credit card. If we are unable to complete the transaction for any reason associated with your credit card (for example, you have exceeded your credit limit), the transaction will not be completed.

 

Alterations and Amendments

This Agreement, and the applicable fees and service charges may be altered or amended by the Service from time to time without notice. In such event, the Service shall not be obliged to inform users but shall ensure that the new terms and conditions are posted on the site. Any use of the Service after the Service posts new terms and conditions will be deemed to constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.

 

Information Changes

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made online only. All changes made are effective immediately for Scheduled and future payments paid from the updated information. You hereby agree that the Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate information in your contact information, Payment Instructions or otherwise.

 

Service Termination, Cancellation or Suspension

The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement up to the date of termination or suspension.

 

Payee Limitation

The Service reserves the right to refuse to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you.

 

Information Authorization

Your use of the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized credit bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a your financial institution (for example, to resolve payment posting problems or for verification).

 

Disputes

In the event of a dispute regarding the Service, you and the Service hereby agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee or other representative of the Service says and the terms of this Agreement, the terms of this Agreement will prevail.

 

Assignment

You may not assign this Agreement to any other party. The Service may assign this Agreement freely. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

No Waiver

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflicts of laws provisions, and you hereby agree that the Courts of Jamaica shall have jurisdiction to hear and determine any matter arising hereunder and expressly waive any claim of inconvenient forum.

 

Copyrights

Copyright in the images, text, screens, and web pages appearing at this website is owned by Kris An Charles or others as indicated. Users may copy information from the web site for their own personal or educational use only, provided that each copy includes any copyright, trademark, or service mark notice as they appear on the pages copied. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of Kris An Charles.

 

Links to Other Websites

Kris An Charles may establish links between this website and other websites operated by non affiliated third parties. Kris An Charles has no control over any other such websites or the contents therein and the existence of any such link shall not constitute and endorsement by Kris An Charles. All user access to any of these hyperlinks are at the user’s own risk and the content, accuracy, opinions expressed, and other links provided are not investigated, verified, monitored, or endorsed by Kris An Charles.

THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Select currency ($1US = $119.10JA)