Terms of Service

1. Who we are and what Higgler is

1.1 These Terms of Service (“Terms”) govern access to and use of higgler.org, related apps, APIs, vendor storefronts, wallet features, and Higgler-operated services (together, the “Platform”), operated under the brand Higgler (“Higgler”, “we”, “us”, “our”).

1.2 Higgler is a digital marketplace and payment platform for the Caribbean, with a Jamaica focus. Customers browse vendor stores, place orders, and pay by card (processed through Stripe) or by the in-platform CBC digital token on Higgler’s permissioned private blockchain (not a public cryptocurrency and not traded outside the Platform except as we expressly allow).

1.3 Vendors may operate stores in Higgler’s marketplace categories (including food, retail, events, hotels, services, rentals, transportation, recreation, digital media, and general goods). Higgler may also operate a platform store (including the “Costco” channel) for US-to-Jamaica goods fulfilled through freight forwarding (e.g. Kajay) and local delivery partners.

1.4 Higgler is not a bank, credit union, securities exchange, or licensed money transmitter unless and until we say otherwise in writing and hold any required licence. CBC is a closed-loop platform credit/token for in-Platform settlement, not legal tender. Card payments are processed by Stripe under Stripe’s terms and applicable card-network rules.

1.5 Higgler is not the seller of third-party vendor goods or services unless the checkout clearly identifies Higgler or the platform store as seller. For most vendor listings, the contract of sale or service is between customer and vendor; Higgler provides marketplace, payment, and related technology.

1.6 Companion products (including Abeng, Jurifi, OFMOP, Captureland, Inbox, and Matsil) may be operated separately. Your use of them is governed by their terms and policies.

2. Acceptance and changes

2.1 By accessing or using the Platform, creating an account, checking out, or topping up or spending CBC, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

2.2 Where the Electronic Transactions Act applies, electronic acceptance (including clicking “I agree”, completing checkout, or continuing to use the Platform after notice) has the same effect as a written signature.

2.3 We may change these Terms. For material changes, we will give at least 30 days’ notice by email to registered users (where we have an address) and/or a prominent on-site notice before the new effective date. Continued use after the effective date constitutes acceptance. If you disagree, stop using the Platform, close your account, and follow any withdrawal or balance rules we publish.

3. Eligibility, accounts, and KYC

3.1 You must be 18 or older to create an account or transact. The Platform is not directed at children under 18.

3.2 You are responsible for activity under your account, for keeping credentials and one-time codes secure, and for accurate registration information.

3.3 Higgler may require know-your-customer (KYC) and identity verification before you use wallet features, higher limits, vendor payouts, or certain categories. We may suspend or refuse service if verification is incomplete, fails, or is inconsistent with law or our risk policies.

3.4 Vendors must provide accurate business information, tax identifiers where required, and authority to sell listed goods or services. We may require additional vendor onboarding, category approval, or documentation.

3.5 We may suspend or terminate accounts for breach of these Terms, suspected fraud, chargebacks, AML or sanctions concerns, abuse, or risk to users or the Platform, with or without notice where reasonably required.

4. Marketplace role, vendors, and platform store

4.1 Vendor listings, descriptions, photos, prices, availability, and fulfilment promises are supplied by vendors (or by Higgler for platform-store items). Higgler does not guarantee that every listing is complete, lawful, or error-free.

4.2 For third-party vendor orders, the vendor is responsible for quality, safety, licensing, descriptions, refunds, and statutory consumer rights to the extent the law places that responsibility on the seller. Higgler may provide tools for messaging, disputes, and payment routing but is not a party to every vendor sale unless stated at checkout.

4.3 The platform store and drop-ship channel may involve cross-border sourcing, freight forwarding, customs, and import charges. Delivery times, duties, and restrictions may differ from local vendor orders. Customers should review checkout disclosures before paying.

4.4 We may remove, suspend, or moderate listings, stores, or categories for legal, safety, fraud, intellectual-property, or policy reasons.

5. Orders, pricing, GCT, tips, and delivery

5.1 At checkout, the Platform shows a breakdown typically including subtotal, Jamaica General Consumption Tax (GCT) (or other applicable tax category shown for the product), tip (if offered), delivery fee, and total paid. Tax rates applied per product may include standard (15%), tourism (10%), telecom/combined (25%), or zero-rated (0%), as configured for that item under Jamaican GCT rules. Vendors are responsible for correct product tax classification in their catalogues; Higgler applies the configured rate at checkout.

5.2 Tips and delivery fees are shown before payment. Local delivery may be fulfilled by third parties (including Uber Direct). International leg of platform-store orders may use freight forwarders (including Kajay). Third-party carriers operate under their terms; Higgler does not control traffic, weather, customs delays, or on-the-ground safety.

5.3 Order metadata and receipts record the breakdown for customer records and vendor reconciliation. Keep your receipt; limitation periods under the Limitation of Actions Act are not paused by an informal complaint alone.

5.4 Cancellations, refunds, and chargebacks follow the policy shown at checkout, vendor rules where applicable, card-network rules for card payments, and Jamaican consumer protection law where it applies. Higgler may offset refunds against vendor balances or CBC wallet balances as permitted by law and our policies.

6. Payments, CBC, platform fee, and payouts

6.1 Card payments are processed by Stripe. Card data is handled under Stripe’s security and privacy practices; Higgler does not store full card numbers on its own systems except as permitted by PCI rules and our processors.

6.2 CBC payments settle through Higgler’s private permissioned ledger using platform smart-contract logic (including transfer and automatic 2% platform fee deduction where configured). CBC is for in-Platform use; it is not a public cryptocurrency and must not be represented as such.

6.3 Platform fee: Higgler charges a 2% platform fee on transactions, deducted from the vendor’s side of the payment (the customer is not charged this fee on top of the displayed checkout total unless we clearly say otherwise). Fee treatment for the platform store may differ and will be shown in vendor or internal accounting rules.

6.4 Vendor payouts may be delayed for fraud review, chargebacks, KYC completion, or legal holds. We may set off amounts owed to Higgler against vendor balances.

6.5 CBC balances, promotions, and wallet features may be modified, limited, or discontinued with notice where required by law. We do not guarantee that CBC maintains any particular value outside the Platform’s rules.

7. Prohibited use and user content

7.1 If you upload product images, descriptions, reviews, or other material (“User Content”), you represent that you have the right to submit it and that it is accurate to the best of your knowledge.

7.2 You grant Higgler a worldwide, royalty-free licence to use, reproduce, adapt, publish, and display User Content to operate and promote the Platform, subject to the Privacy Policy.

7.3 You must not use the Platform to:

• violate Jamaican or applicable foreign law (including tax, customs, sanctions, and AML rules);
• sell unlawful, unsafe, counterfeit, or restricted goods or services;
• defraud users, manipulate prices, or abuse promotions;
• scrape, attack, or circumvent security (including test or development login bypasses in production);
• upload malware or attempt unauthorised access;
• use CBC or card rails for off-platform settlement or money laundering.

7.4 Some uploaded files may be served through public-read endpoints for catalogue display. Do not upload confidential or personal data you do not intend to be visible in the listing context.

8. Intellectual property

8.1 Third-party trademarks, product images, and content remain with their owners. Higgler claims rights in its brand, software, CBC system design, and original material.

8.2 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for lawful shopping, selling, and wallet use.

8.3 Rights concerns: [email protected] (subject: Rights-Holder Complaint).

9. Disclaimers

9.1 The Platform is provided “as is” and “as available”. To the fullest extent permitted by law, Higgler disclaims warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, and non-infringement for vendor listings, carrier performance, blockchain uptime, and third-party payment processing.

9.2 Food, health, travel, events, rentals, and financial information on listings is general only. Verify with the vendor and qualified professionals before acting.

9.3 Blockchain and card systems may experience downtime, forks, or processor outages; we will use reasonable efforts to restore service but do not guarantee uninterrupted settlement.

10. Limitation of liability

10.1 To the fullest extent permitted by Jamaican law, Higgler is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunity, arising from use of the Platform.

10.2 Our aggregate liability for claims relating to the Platform (other than liability that cannot be excluded by law) is limited to the greater of (a) JMD 50,000 or (b) the platform fees you paid Higgler in the twelve (12) months before the claim (for customers, (b) may be zero).

10.3 These limits do not apply to death or personal injury caused by our negligence, fraud, or other liability that cannot be limited by law.

10.4 Where a vendor, carrier, Stripe, or other third party supplies the underlying good, service, or delivery, primary responsibility remains with them except where Higgler has independently caused loss through its own deliberate wrongdoing or negligence.

11. Indemnity

You agree to indemnify and hold harmless Higgler and its operators from claims, losses, and reasonable costs (including legal fees) arising from your User Content, your listings or sales, your breach of these Terms, or your unlawful use of the Platform, except to the extent caused by Higgler’s deliberate wrongdoing or negligence.

12. Governing law and disputes

12.1 These Terms are governed by the laws of Jamaica.

12.2 The courts of Jamaica have non-exclusive jurisdiction, subject to mandatory consumer or constitutional provisions.

12.3 Before formal proceedings, the parties will attempt good-faith negotiation for 30 days after written notice to [email protected]. Either party may then refer the dispute to mediation through the Dispute Resolution Foundation (or successor). Arbitration under the Arbitration Act 2017 applies only by written agreement of the parties.

13. General

13.1 If any provision is invalid, the remainder stays in effect.

13.2 Failure to enforce a provision is not a waiver.

13.3 You may not assign your rights without our consent. We may assign our rights in connection with a reorganisation or sale of the Platform.

13.4 Contact: [email protected] — subjects may include Legal Notice, Privacy Request, Payment Dispute, KYC, Vendor Dispute, Chargeback, and Abuse.