Mycart Express Cayman

The following terms & conditions govern your use of Mycartexpresscayman.com, owned and operated by myCart Express (Cayman) Ltd. here on after referred to as Mycart Express™, the company, including but not limited to our web or cloud application, IOS app as well as Android App, web tracking and shipment update services, online billing and services platform.

By using our website, mobile app and systems or any other services offered will hereby constitute an agreement to our terms of service and you are agreeing to have the terms herein legally binding. In addition by using our overseas address and virtual mailbox offering, by shipping an item to the company’s address, whether on behalf of a third party or yourself, it will constitute as consent to Mycart Express™ terms of use and explicitly forms your acceptance of the terms and conditions outlined in this document. Please note the sign up procedure is free to the public and there are no fees associated with getting started with our services.

Mycart Express™ may at any time in the future make changes or modifications to these existing terms by removing or adding to the same with or without notice, however, updates to the terms of service will be published via email to the email on your account. The company is not liable for any failure on the user’s part in failing to keep abreast with the modification or changes. The company will not remedy any claim or loss as a result of failure to follow policy and or any breach of these terms.

Definitions

Branch- Collection point or outpost operated by the company, it may be virtual automated lockers or physical store locations

Shipments (packages) – represent the actual items or orders fulfilled and delivered to our location overseas

Content: information, graphics, animations, products, features, functionality, services, and links on mycartexpresscayman.com,

Mycart Express: My Cart Quick Limited, Mycart Logistics LLC, myCart Express (Cayman) Ltd., its parent or subsidiary companies.

Mycartexpress.com: Mycartexpresscayman.com

You: Yourself and the entity that you represent

User: any user of our service(s)

Hub to Hub ® - The Company’s inter-island branch to branch service.

Account number:- This unique number is provided by our system to identify all incoming cargo shipped to your address for example CAY1001XX

Use of Mycartexpress ™ Services

i.Ownership

All content, data, information and materials, presented, displayed on our Website (“Content”), including any intellectual property rights in such Content (including without limitation) or other intellectual property rights associated with the website, social media accounts on all platforms, are owned and is the property of MyCart Quick limited, its licensors, and is protected by applicable laws regarding intellectual property. Users of the Website must assume that all content are is protected by intellectual property rights, and therefore written consent from MyCart Quick Ltd is required before any part thereof can be used.

ii.Authorized and Prohibited Uses

The content of the Website can be accessed, downloaded on a mobile phone (via app stores) or computer and used by Users of the Website in accordance with accessing our services. The content as seen on the Website should not be altered, modified in any way by any User. User must agree to these Terms and comply with all applicable laws when using, accessing or downloading the content of the Website. If the User however wishes to use the “Share with a Friend” (or similar) referral features on the Website, User may share this particular Content via email, popular social media platforms. User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.

iii.Registration and Passwords

The User is solely responsible for keeping the password and account details confidential and User agrees to be responsible for all activities that occur under the User’s account name and password. If there is any suspicious action or unauthorized use of User’s account, the Company should be notified immediately by email or via telephone. The Company reserves the absolute right in its discretion, not to issue a password or access to any person or entity if verification of information fails during validation. Please do not share your password with family or other associates or any third party as this may cause serious implications or losses for the user, of which the company is not liable. In the case the company recognizes these actions it may terminate your account without notice, considering it a breach of said agreement.

Cyber Security:-

Mycartexpress may discontinue, suspend or modify mycartexpress.com at any time without notice, and Mycartexpress may block, terminate or suspend a user's access to mycartexpress.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.

iv.The use of non-authorized scripting technologies to obtain information from Mycartexpress.com or submit information through Mycartexpress.com is strictly prohibited. Any attempt to hack or cause disruption to the information technology infrastructure can lead to legal action or fines in your local jurisdiction. The company will cooperate at all times with relevant authorities against cyber-attacks of any nature.

v.Mycartexpress.com and its virtual content, may be changed, deleted or updated at any time without notice as the company pleases.

Identification:-

The company uses information provided on sign up of our services to validate user transactions and instructions. Please keep your account up to date with accurate information and use accurate information at all times. Failure to do so can result in restrictions in collecting, clearing and importing your shipments. As well as your account may be maliciously used without your permission or consent.

User data

The company does not store personal payment information such as credit cards or any such data. We do not distribute or share your information with any outside party, except in the case of law enforcement requirements. We do however from time to times use contact information within our group of companies, to upsell additional services or offerings that we may be offering. Users at any time opt out of any promotional material being issued to their emails by clicking the unsubscribe button located in the footer of the correspondence.

Due to Anti money laundering regulations we will need to in the case of user data require more information to process our customers’ requests. In the case of payments being made to mycart quick limited it is imperative to have payment provided via credit cards, debit cards for our services in the name of the account holder, third party payments only be accepted by the company only with prior approval in writing. Adherence to this rule will aid in refund or any payouts to customers via online transaction reversals or any such activity.

Photographs or video content obtained in branch is deemed to be company property. Use of said content on our social media pages or website will be verbally consented at the time of it being obtained. If the user wishes to at any time retract any such permission they may contact customer support via email, outlining the request and giving clear reference (by screenshot) to identify the post in question. The company will respond in reasonable time and adhere to request to remove communications or content in its sole discretion. This information is strictly for company internal use and is not shared with a third party.

As per our privacy www.mycartexpress.com/privacypolicy

Services

Additional terms

The company reserve its right to not disclose its shipping partners, whether locally or overseas. We do not disclose to any user or individual any trade associations and agreements. By using our service it is understood that this policy is accepted and acknowledged.

My cart Quick Limited, its appointed agents or subsidiaries retains its right to not disclose any such information to our customers or users, commercial or personal, about shipment or package information as it pertains to or be in accordance of our clearance procedures and execution.

Please note shipments are inspected before leaving the departing or home port by the ruling and governing authority of that jurisdiction.

Use of the overseas address should never be used for any illegal activity, including but not limited to cheque scams, credit card scams or fraud, and defrauding any individual or corporation of monies, belongings or exploiting system loop holes. The company reserves the right to cooperate with any foreign entity legally investigating any user account with in company’s ecosystem if the investigation is deemed fit and appropriate procedures are followed to ensure no breach of individual right, whether locally or overseas.

Restricted Items

Such items should not be shipped or delivered to our overseas warehouse can be found at the following link:-

For Jamaica

https://www.jacustoms.gov.jm/sites/default/files/docs/Restriction Items.pdf

For Cayman Islands

https://cbc.gov.ky/index.php/trade/imports

For Trinidad & Tobago

https://www.trade.gov/country-commercial-guides/trinidad-and-tobago-prohibited-and-restricted-imports

Mycart Express, its staff, affiliates and partners will not be held liable for any contraband found within it’s customers shipment by relevant authorities.

Items that cannot be shipped to its destination country will be disposed of if it is an illegal item the relevant authorities will be notified and actions taken. In addition the company reserves the right to not forward or ship any item or items that will conflict with or pose issues with state licensing and permits.

Consignee Information: - Failure to correctly use your shipping address as illustrated will cause delays in identifying shipments at our overseas location. This will also cause inadequate information being updated in our system to provide customs officers or agents with, once the shipment reaches its destination country. Please correctly place your FULL NAME (as it appears on government identification cards) and address with account number whenever shipping items or packages to our overseas address.

Importation & Clearance

Mycartexpress provides importation and clearances services on behalf of its clients, corporation or individual user. The company offers its services in multiple jurisdictions via multiple warehouse locations.
Types of shipments

Personal shipments or packages consists of purchases made from online or overseas local suppliers that are shipped to our location. Personal shipments must be distinguished by the user of our services.

Some Items require special permits or authorization from governing local bodies in government. My cart quick ltd takes no liability for failure in obtaining the requisite permits BEFORE shipment to our address. We may be notified of your intention to ship these items via our various support channels. Failure to furnish documents in adequate time period may result in items being detained and disposed by Cayman Custom Agency and border control. In addition certain items may only be imported in large quantities under a commercial entity or agent.

Commercial Shipments

Cayman customs may deemed your shipment to be commercial by its invoiced quantity. This may cause specific custom fees and charges to be applied to shipments.

Shipment Policies

Delayed Shipments

The company’s policy is to notify each user of the service immediately of any impending delays that may be facing our consolidated shipment of cargo, be it a limitation of ours or our service providers. This notification will be disseminated by email or in app push notifications in app. Clearance upon arrival to our destination or home port is carried out as soon as possible to minimize delays through various border protection agencies. Each shipment status will also be updated accordingly to reflect the shipments through status (including carrier’s service status) along the company’s supply chain. We are not responsible for carrier delays, as those third parties face various issues from time to time beyond or control. By using the service you agree to accept communication regarding delays as well as cooperate with the company to rectify or remedy the delays and have the goods paid as quickly as possible.

Detained Goods

There are cases where the shipment, upon border control or customs inspection, and by applicable law requires the respective agent or officer to “DETAIN” said shipment(s) because of the following;-

(This list is not exhaustive)

Inadequate invoice provided
Incorrect consignee information ( user incorrectly inputted address information)
The item(s) are restricted
The item(s) require a permit. Where none is provided or applied for this may constitute a breach and fines may be applicable)
Item being prohibited

Damages Shipments

Shipments or packages may be damaged or have damaged items because of incorrect packaging by the sender or supplier. During the shipping process to our warehouse in Miami items may suffer abuse that is beyond the company’s control. In those cases we will notify the customer about the possible damage as soon as it is discovered by or agents. The customer and service relationship agrees on the following regarding damages:-

Once notified of the damage, we will facilitate the pick-up from our facility in Miami only. We will not or do not do returns, we do not go to post offices or external shipping offices, to process returns.
Items may be damaged and the external packages are intact, the company is not liable to compensate the customer on these shipments, any inland or freight charges, delivery fee are non-refundable. The merchant or supplier must be contacted and a claim be made for redress, refund or resending of an item or items
Claims made outside the stores for and by way of failing to, check your shipments in store for damages, the company will not by any means, honor any claim by the user, whether it be claims of any loss of products shipped, incorrect quantities etc

Shipments delivered to our overseas address cannot be returned to your sender or supplier. We provide forwarding services only, please do not ship an item you do not expect to have undergo the total importation process.

Reason of Damages

We do not have a return policy. In such cases where the package was incorrectly packed for shipment by your supplier, we encourage submitting a return as per you suppliers guidelines.

The company is aware that we should handle cargo or shipments with the required degree of care. However, if the fault is proven to be ours, in the case of damage only. The user or customer will be refunded as per policy.

Incorrect Order or Incorrect Quantities

Mycart express is not liable in these cases, when the order received does not reflect entirely what the user or customer purchased. All queries in this case should be forwarded to the seller. Please note the internal costs associated with said shipments have to be settled, and once settled it is the responsibility of the customer to ensure they rectify all issue with the SUPPLIER.

In-store or in app orders

The company shall not order and restricted items or any such items that require permits, these orders should be executed by the customer solely, on their lability and time. If it is determined that a permit is required, in the case of the knowledge being outside of the company’s scope or as a result of any newly implemented custom or in land border changes(requirements) the customer cannot hold the company liable for any detained item as a result of these changes. In addition the order may be cancelled by the company at any time before giving notice to the customer or said cancellations.

Please have on hand any order quantities, suppliers and any such information needed to place and order. The online orders are subject to the company’s ordering fees and mark-ups, exchange rates and other charges that may apply on a case to case basis. The company reserves the right to refuse orders being placed at any time, either online, in app, or in stores without notice or conditions of cancellation.

Disapproval of any order results in a return of funds to the customer’s or user’s e-wallet if the order was placed online/in-app.

Local policies (Branch)

Package or shipment notifications and or updates are sent in app or via our web portal and email. In some instances other means of communication may be used. Customers are required to retrieve their shipments

Upon picking up your shipments please check , failure to do so, exempts you from any redress or recourse if necessary. Please take the time to consider checking all shipments before leaving any of our branch locations.

Storage Fees

Commencing after notification of “available for pickup” notifications or correspondence. Exactly, fourteen (14) Calendar days. Mycartexpress will charge storage fees at a rate of $1.00ci per day up to a maximum amount of $120.00ci on a per package basis. For example if a user has multiple shipments in the local warehouse storage is started 14 days after being marked “available for pickup. So more than one package may have different storage fees associated, based on these dates being different.

Authorised Pick Up (agent)

The user may enter the name of an authorized pick up person within their account profile. This individual may be a user of the company’s services or any outside party or delivery service. In the instance a delivery service or courier is used to retrieve your shipment, authorization must be given to the company to release shipment to this agent. All shipment must be clear of balances owed to Mycartexpress.

Receiving, Acceptance, and Refusal of User’s Packages and Mail

The Company will receive all packages and mail delivered to the global forwarding address by courier, post or via walk-in for User. Receiving or signing for packages and mail on behalf of User does not constitute the Company’s acceptance of the package or mail. Acceptance of packages and mail is subject to inspection by the Company. The Company is obligated to carry out a visual inspection of the external package. Any damage found will be noted, however the Company is not obligated to verify the integrity of the contents. User acknowledges that inspections carried out by the Company are for the sole purpose of determining whether the contents of the User’s package or mail can be shipped by air or by ocean freight. User shall not hold the Company liable for damage to the contents of a package or mail where the packing was found to be inadequate for the nature of the goods whether the Company ought to have known that such damage was likely to occur or not.

The Company may in its discretion refuse any package or mail and will notify User promptly of the reason for refusing the package or mail. User will cooperate promptly with all reasonable requests of the Company to resolve instances where packages or mail have been refused. Refused packages and mail will be held in storage for a maximum of thirty (30) days prior to disposal by the Company. The Company may in its discretion assist User in disposing of refused packages, User acknowledges and agrees to prepay any additional fees that may arise in respect to assistance provided by the Company to dispose of such packages.

Customs Declarations & Documentation

The company as per our policy does not at any time share any internal confidential documents pertaining to shipments imported by the company on behalf of its users or clients. Shipments being imported is in the custody of Mycart Quick Limited and its agents, shipments are imported in care of said company and its agents. We agree to undertake clearance on behalf of the user.

If at any time a customer wishes to undertake clearance of a shipment themselves, the company is not liable for any delays, mistakes or incorrect procedures carried out by the user. The company agrees, in this case to hand over all documents pertaining to the shipment and direct the individual or company to the relevant government agency. My cart quick limited will consider this circumstance to be abnormal as it circumvents the service being offered, please take note that it is imperative to clear and to pay for ALL FREGHT & PROCESSING charges or any related fees before clearance by the individual/Company is permitted by the company.

Clearance Fees

The company, reserves the right to review and implement new rate adjustments and fees as it pertains to the service and product offerings. We will make all changes public via email to our users, social media, in store memos and advertisements. Please ensure to review or confirm current rates before utilizing our services. The company is not responsible for any loss resulting in customer decisions based on inaccurate information.

We charge clearance fees on each shipment (individualized) this clearance fee is designed to encompass the total charges expected to be paid by the client or user specific to the importation of the shipment.

Processing fees are charged on a per shipment basis and is standardized based on the accepted or reasonable value of the shipment.

Warehouse & Storage

MyCart Express provides warehouse servicing, in interim, for clients who use the service. The imported items are stored in the company’s many offices and warehouses in anticipation of the timely pick up by the importer (consignee/customer), it is agreed that the user or client will incur and accept storage charges relating to the storing and processing of said imported shipments. These storage fees will be applied on a per package/shipment basis and cannot be waived, they encourage the timely pickup of shipments from our locations. Email, push notifications and reminder will be sent to registered and verified emails on file stipulating charges and availability of a shipment for “pick-up” or delivery in certain instances.

Storage is charged after two weeks or 14 days after availability for pick-up correspondence given to the customer or client. There after the company will apply at its discretion and governance of internal policies storage fees on a daily accrued basis. The minimum charge is one day and there are no charges relating to storage fees per hour or fraction of a day. The company will cap storage charges per shipment to a maximum charge of 30 days, after which, disposal procedures may begin.

Package disposal Failure to pick –up

Shipments or packages may be disposed of by the company through sale or by other means;- through third parties, auction houses, private bids and agents assigned by the company to carry out disposal procedures. This action is carried out after 30 calendar days of storage of shipments. It is imperative to avoid instances of disposal of shipments please have an Authorised pick-up or yourself retrieve timely all shipments once they have been cleared by the company and marked available for pick-up.

Delivery

Our deliver exists to offer the convenience of having shipments or packages delivered to our customer’s desired location(s). This service is offered at the discretion of the company and is subject to availability of delivery agents and services. Where necessary the company reserves the right to suspend delivery services in if the viability and safety of company personnel is compromised. In cases or natural disasters, floods, earth quakes and other acts of God, political unrest-riots and protests, and severe weather may be justifiable reasons to suspend delivery operations. As an extension service of the company all rules and conditions apply.

Acceptance & inspection

Upon receipt of the goods, the customer shall examine them for defects without undue delay. If possible notify the delivery personnel of any issues so they may direct you to the proper channels or contact customer service department no later than 24hrs after delivery is confirmed. If the 24hrs fall on a holiday or no movement day, or any such declared public holiday then the following working day will suffice. Notification of any obvious defects shall be given without undue delay, via support tickets or email and call, but no later than within 1 day of receipt of the goods. In the case of third party delivery, the company is not liable for any damages which, occurred during the third party’s delivery processes. Please note the company does not delivery damaged shipments or shipments with signs of damage, the customer will be notified in order to have the situation resolved and confirm f the company may inspect contents of shipments for further damages.

Third party deliveries

In circumstances where delivery of shipments is to be accepted or handed-off by/to a third party operator, it is expressly agreed that the customer will undertake all liability or claim in relation to the shipment with the third party agent or company. The customer agrees to indemnify My Cart Quick Limited of any liability once proof of hand over is presented to the client. Proof of hand-over may be but not limited to external tracking numbers, warehouse slips or receipts, invoices or booking tickets. My Cart Quick or the company is not responsible for any third party company policy and all queries related to hand-over or dropped off shipments should be diverted to the third party’s help line or support channels.

Payments

E-wallet account

Payment for deliveries are done through in app checkout or our web portal. Payments by bank transfer requires confirmation and it will delay delivery processing, to 3-4 working days. Please utilize instant means such as visa or MasterCard to load your e-wallet account to avoid processing delays.

Payments or pick-ups at the counter require verification of identify; to include information on your customer profile; full-name, authorised pick-up on file, the last 4 digits of your phone number, email address or information regarding your last few in store pick-ups. These pieces of information may be used in conjunction to or in the absence of a valid government issued I.D. card.

Credit or debit cards must be in the name of the account holder or authorised pick-up agent, the company reserves the right to decline accepting payments from any method of cashless payment if verification of payment card information has failed or is invalid. In keeping with best practices the company will strive to safeguard customer’s shipments and packages from any fraudulent activities.

Refund & Cancellations

In the case of refunds issued by the company, to customers for orders made in store our through our web application or mobile applications, the following terms and conditions applies:-

For in-store orders there may be order cancellations by the merchant, and as such the order amount is refunded to the company by the merchant, a refund will then be issued to the customer by way of cash, to bank account only.

It is expressly understood and agreed that refunds are never issued at our store locations island wide using cash, instead the user of the service agrees to receive a bank transfer, or by processing the refunded amount to the user’s e-wallet.

Refunds relating to or as a result of a shipment sent through our service the following policies is enforced

Refunds are issued on items that have been properly pre-alerted or proper invoice and description of contents have been uploaded to the company’s platforms. NO refunds will be issued if the user or customer fails to identify package or shipment value before it is shipped from the port of sending, or before it is processed through various border agencies.

In addition refunds will not be issued on packages that have NOT been checked in store or at the time of delivery to the end user or his/her agents (authorized pick-up)

The company will not be permitted to refund a client any amount in value that the seller has misappropriated or incorrectly fulfilled, wither it be incorrect order quantities or incomplete orders being shipped. Please check with your vendor or sender to confirm packing slips, order quantities and rectify the issues with your merchant. The company is not liable for the online agency or vendor’s faults in dispatch, packing (caused physical damage) or and mishandling of packages.

Refunds from e-wallet user account that was loaded from a visa/MasterCard cannot be cashed and or remitted to any third party other than the owner of the account. If for any reason the user decides to discontinue service with the company and rid themselves of all balances on our internal systems, the customer must submit in writing to customer service for the refund of wallet amount to occur. If the amount to be refunded is below the fees applicable for the bank transfer the refund will be cancelled.

Proof of Delivery

Miscellaneous

Separate Terms and Conditions In connection with User’s use of particular ancillary Services and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the Terms set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional terms and conditions will not vary or replace these Terms regarding any use of the Service or this Website, unless otherwise expressly stated. iii. Dispute Resolution; Applicable Law and Forum With respect to any and all disputes arising out of or in connection with the Service or this Website or these Terms (including without limitation the Privacy Policy), the Company and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
The Company has no obligation to become involved in any dispute between a User and any other person. The Service, this Website, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Cayman without regard to its conflict of law principles in any other jurisdiction. The Company and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Cayman, by a sole arbitrator nominated by agreement of the parties through the Dispute Resolution Foundation. The arbitrator´s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that the Company is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of these Terms pending a final arbitral decision.

Compliance

User will adhere to all laws applicable to the use of the MyCart Quick Service and its Website. ii. Unsuitable Conduct User agrees to not participate or be connected to any illegal, offensive, defamatory, destructive, rude or questionable actions against the Service or Website. User will not cause embarrassment, damage or negative publicity to the Company.
User Cooperation and Notification User agree to cooperate with all reasonable requests by the Company and agrees to promptly inform upon learning of any suspected or actual breach of these Terms or unapproved use or abuse of the Service or Website.

Warranty Disclaimers, Limitations on Liability, and Remedies

The Service and this Website, its Content, and its links are provided on an “as is” and “as available” basis and are used only at the sole risk of User, to the fullest extent permissible by law. The Company disclaims all warranties, express or implied, of any kind, regarding the Service (including its forwarding schedule, clearance schedule, delivery schedules) and this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The Company will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the Service, the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of such damages. The Company will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with the Service or this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of the Company will be limited to, in the sole discretion of the Company, either the

1. Correction or deletion of any inaccurate Content or link; or

2. Refund of any fees (excluding Customs Fees) for the Service received by the Company from User.

Indemnification Each User will defend, indemnify, and hold harmless the Company and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of the Service or this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Website.

Arbitration & Mediation

We agree that any claim or dispute between the company and client, of any nature or cause as a result of the use of this service or services shall be resolved by arbitration and or mediation administered by the arbitration authorities in the operating jurisdiction of the company. Under the Code of Procedure for Resolving business to client disputes in effect when the claim is filed. Any dispute or disagreement or redress needed regarding any clause or clauses contained in this agreement the customer and company agrees to attempt mediation.

Governing law

All arbitrations covered by this agreement shall be adjudicated in accordance with the country’s judicial provisions for said arbitrations

Electronic Signatures

The words “execution,” “execute,” “signed,” “signature,” and words of like import in or related to this Agreement or any other document to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it..

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