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Terms of Service

Terms of Service - US Customers

LAST UPDATED: 10/01/2021


 

Please read ARC Caribbean/Chocolate Rebellion’s (“Company”, “we”, “us” or “our”) Terms of Service (the “Agreement”) carefully. This Agreement constitutes a binding obligation between you and ARC Caribbean/Chocolate Rebellion. This Agreement applies to your use of: our website located at www.chocolaterebellion.com (the “Site”), the products or services we may provide or offer through the Site or otherwise, and your member account if you choose to create one (collectively, the “Services”).

 

Agreement to Terms: By using our Services, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.

 

Privacy Policy: Please refer to our privacy policy (the “Privacy Policy”) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

 

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

 

Changes to Terms or Services: We may update this Agreement at any time, in our sole discretion. If we do so, we will deliver a notice either by posting the updated Agreement or through other communications deemed appropriate by us. It is important that you review this Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 18(a)(viii),you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

Who May Use the Services? The products we offer for sale through the Services are currently only available to residents of United States and Trinidad and Tobago. THE SERVICES NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (“Minors”) and we do not knowingly collect information from Minors. If you are between ages 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use the Services. If we learn that we have collected information of a Minor, we will take steps to delete such information from our files as soon as possible. 

 

Account: You do not need to have an account in order to use the Services. When purchasing items through the Services, you will be required to provide certain information such as your email address, delivery address, and payment details. You have the option of creating an account (the “Account”) when using the Services, in which case certain information that you input previous may be stored in your Account. As described below, our store is hosted in SquareSpace and Accounts are created and managed by SquareSpace. As part of using our Services, you agree to provide current, complete and accurate purchase and account information for all subscriptions and purchases made on our Site. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

 

Description of the Services:

 

Description. Our Services provide a platform for you to purchase and deliver to you spices sourced from India. You can choose from a variety of different purchase packages and payment methods, including a one-time payment, through ongoing subscriptions, or through wholesale. We also post periodic newsletters and journals and other content related to our products and mission on the Site. We will also send emails to you with (i) newsletters if you register with us and (ii) follow-up order information if you order products through the Services. 

 

 

Wix. Our online shop is hosted on Wix and uses their ecommerce function to take and process orders. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Wix’s data storage, databases and the general Wix application. For more information, please read its Terms of Service and Privacy Statement.

 

 

PayPal. We may share some of your information, including your Payment Information, with PayPal to fulfill the payments you provide to us. For more information, please read their Terms of Service and Privacy Policy. https://www.paypal.com/tt/webapps/mpp/ua/privacy-full


 

Access to your Information by Third Party Providers. You acknowledge that Wix, Wix Payments, PayPal, and Stripe may have access to your information as they support our Services in their authorized use of your information. 

 

Responsibility for Internet Charges. Access to the Services may require the use of your personal computer and/or mobile devices, as well as communications with or use of data and storage on such devices. You are responsible for any Internet connection or mobile fees and charges that you may incur when accessing the Services.

 

7. Payment Options:

 

General. You may make a one-time purchase, or you may purchase our products on a regular basis through a subscription. The Subscription provides shipments delivered to you at different intervals elected by you (such as bi-weekly, monthly, every 6 weeks, or every 3 months) (such intervals, the “Subscription Interval”). 

 

Payment Information. Whether you make a one-time purchase or purchase a Subscription (a “Transaction”), you expressly authorize us (including third-party payment processors) to charge you for such Transaction. You may be required to supply additional information relevant to your Transaction, including your shipping address, phone number, credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by such Payment Information. When you initiate a Transaction, you authorize us to disclose some or all of your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). Such disclosures of your Payment Information are governed by our Privacy Policy. Use of your information by our third party provides are subject to their terms of service and privacy policy set forth in Section 6.You may need to provide additional information to verify your identity before completing your Transaction. 

 

Subscriptions. When you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges such as customs or import duties (“Subscription Fee”), at the beginning of your Subscription and each Subscription Interval thereafter, at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Company. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement. Please note that Subscriptions are only available within the United States.

 

Cancellation of a Subscription. Subject to Wix’s terms of service, you may cancel a Subscription by following the cancellation instructions after purchasing a Subscription. YOU WILL NOT BE ABLE TO RECEIVE A REFUND OF YOUR PRE-PAID SUBSCRIPTION FEE FOR THE APPLICABLE SUBSCRIPTION PERIOD THAT HAS STARTED. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to receive purchased items through Subscription will continue until the end of your then current subscription period and will terminate without further charges. To the extent there is a conflict or inconsistency between this paragraph and Wix’s terms of service, Company will work with you in good faith to resolve any cancellation matters.

 

Refund. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. For more information on our cancellation and return policies, please visit our cancellation and returns webpage on our Site. 

 

8. Order Acceptance:

 

Order Cancellations or Refusals. You understand that we may be unable to accept certain orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some reasons that may cause your order to be canceled include limited stock of our products available for purchase, errors in product or pricing information, or issues of verification or accuracy related to your Payment Information. We may also require additional verifications or information from you before accepting any order. We will notify you if any or all of your order is canceled or if additional information is required for us to accept your order. 

 

Typographical Errors. If a product is listed at an incorrect price or with incorrect information due to typographical errors, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment methods charged. If you have already been charged for the order and your order is cancelled, we will issue a credit to your account or refund you in the amount of the charge. 

9. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing info@chocolaterebellion.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

10. Content Ownership, Responsibility and Removal:

 

Definition. For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any information or materials you provide to us or to the Services in connection with your user of the Services.

 

Responsibility for User Content. To the extent that you provide any User Content, you are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 

Rights in Content Granted by Company. Subject to your compliance with this Agreement, Company grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content solely in connection with your permitted use of the Services.

 

11. General Prohibitions and Company’s Enforcement Rights:

 

You agree not to do any of the following:

 

Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

 

Use, display, mirror or frame the Services or any individual element within the Services, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent; 

 

Access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers; 

 

Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures; 

 

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services or any Content; 

 

Attempt to access or search the Services or Content or download Content from the Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers; 

 

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

 

Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent; 

 

Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement; 

 

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 

 

Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 

 

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 

 

Impersonate or misrepresent your affiliation with any person or entity; 

 

Violate any applicable law or regulation; or

 

Encourage or enable any other individual to do any of the foregoing.

 

Although we are not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

12. Links to Third Party Websites or Resources: The Services (including the Content made available through the Services) may make available to you content provided by third parties, including links to third-party websites or resources (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You acknowledge that we provide the Third-Party Content to you only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You further acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and all your interactions with such third-party websites or resources.

 

13. Cancellation, Suspension or Termination of Services:

 

We may, in our sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify or terminate, temporarily or permanently, all or any portion of our Services, with or without reason, including for any of the following reasons: (i) you create risk or possible legal exposure for us; (ii) our provision of the Services to you is no longer commercially viable; (iii) due to insolvency, bankruptcy, or termination; and (iv) if you breach any terms of this Agreement. 

 

Upon any cancellation, suspension or termination of the Services, the following Sections of this Agreement will survive:1, 2, 3, 9to 12, 13(b), 14to 19.

 

14. Disclaimers:

 

We may require you to meet certain requirements for passwords and multi-factor authentication and we may change the requirements with or without prior notice. But, no matter how strong your password is, you must ensure that your account credentials, including the email account you use in connection with the Services, are secure. If they are not, people may compromise and take action on your account or interfere with your orders made through the Services. You should always use two-factor authentication when available, always avoid copying scripts into your browser address bar, and avoid clicking on links, opening attachments or visiting Internet resources you do not trust. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), or any other codes that you use to access or in relation to the Services. We assume no responsibility for any losses resulting from the compromise of your account.

 

WE WILL USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION PROVIDED BY THE SERVICES BUT WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE CONTENT, THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES.

 

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES), INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS OR YOUR THIRD PARTY ACCOUNTS; OR (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

 

WE WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. 

 

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) ARE FREE OF ANY DEFECTS, THAT THE CONTENT IS ACCURATE, THAT IT WILL BE UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON MATERIAL, OR INFORMATION, CONTAINED OR MADE AVAILABLE THROUGH THE SERVICES.

 

WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, OTHER THAN REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED HEREUNDER: (I) THE SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; and (II) WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services (including the products you purchase through the Services) will meet your requirements or be available on an uninterrupted, secure, defect-free or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services (including the products you purchase through the Services) or Content.

 

15. Indemnity: You will indemnify and hold harmless Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.

 

16. Limitation of Liability:

 

NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING IN CONNECTION WITH THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

SUBJECT TO SECTION 16(A),IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING IN CONNECTION WITH THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) EXCEED ONE HUNDRED DOLLARS ($100). 

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

 

17. Governing Law and Forum Choice: For users of our Services, this Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of Maryland, USA without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18,the exclusive jurisdiction for all Disputes (defined below) that you and Company are not required to arbitrate will be the state and federal courts located in the Maryland, USA, and you and Company each waive any objection to jurisdiction and venue in such courts

 

18. Dispute Resolution: Company believes that most disagreements can be resolved informally and efficiently by contacting Company’s customer support. If the dispute is not resolved through Company customer support, you and Company agree that any such dispute, claim or controversy arising out of or relating in any way to the Services or this Agreement (each, a “Claim”), will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction, in accordance with the following(including the procedure to opt out of arbitration), except that each party retains the right: (i) to bring an individual action in small claims court as further described in Section 18(b)below; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”) as further described in Section 18(c)below. 

 

Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the U.S. Federal Arbitration Act Governs the interpretation and enforcement of this arbitration provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. 

 

Opt-out. You may opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by email at info@chocolaterebellion.com within thirty (30) days following the date you first agree to this Agreement.

 

Notice of Claim. If you elect to seek arbitration, you must first send to Company, by email, a written notice of your Claim (the "Notice of Claim"). The Notice of Claim to Company should be sent to info@chocolaterebellion.com and should be prominently captioned “NOTICE OF CLAIM”. The Notice of Claim should include both the mailing address and email address you would like Company to use to contact you. If Company elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your billing address on file. A Notice of Claim, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought (the "Demand"); and (c) whether you reject any subsequent modification of the Dispute Resolution section by Company. 

 

Arbitration Proceedings. If you and Company do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Company may commence an arbitration proceeding (or, alternatively, file a claim in small claims court or an IP Protection Action). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. 

 

Arbitration Location and Procedure. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim. If your claim is for U.S. $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. 

 

Injunctive and Declaratory Relief. Except as set forth in Sections 18(b)and 18(c),the arbitrator will determine all issues of liability on the merits of any Claim asserted by you or Company, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Company prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief will be stayed pending the outcome of the merits of any individual claims in arbitration.

 

Arbitration Fees. If your claim for damages does not exceed $10,000, Company will pay all fees imposed by the AAA to conduct the arbitration, including reimbursement of your initial filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim for damages exceeds $10,000, standard AAA Rules will govern the payment of all AAA fees, including filing, administration and arbitrator fees. 

 

Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if you have elected arbitration, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.

 

Modification of Dispute Resolution Section. Notwithstanding Section 3,if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement, and you have not otherwise affirmatively agreed to such changes, you may reject any such change by so stating within your Notice of Claim. By failing to reject any changes to this “Dispute Resolution” section in your Notice of Claim, you agree to resolve any Claim between you and Company in accordance with the terms of the Dispute Resolution section in effect as of the date of your Notice of Claim.

 

Severability. With the exception of any of the provisions in Section 18(a)(vii)of this Agreement (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply. 

 

Small Claims Court. Notwithstanding Section 18(a),you may elect to litigate your Claim in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. You agree to bring a Claim in small claims court in your county of residence

 

 IP Protection Action. Notwithstanding Sections 18(a)or 18(b),the exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

19. General Terms:

 

Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between Company and you regarding the Services, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Company may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices. Any notices or other communications provided by Company under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services (including on the Site). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Waiver of Rights. Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

 

Interpretation. For purposes of this Agreement: (i) the words and phrases “include,” “includes”, “including” and “such as” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. The parties also agree that the normal rule of construction that an agreement will be interpreted against the drafting party does not apply to this Agreement.

 

20. Contact Information: If you have any questions about this Agreement or the Services, please contact Company at info@chocolaterebellion.com.

 

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Term & Conditions - Trinidad and Tobago Customers

These Terms and Conditions govern your relationship with (a non-profit company registered in the Republic of Trinidad & Tobago, hereinafter referred to by "ARC Caribbean/Chocolate Rebellion", "ARC Caribbean/Chocolate Rebellion.com", "we", "our" or "us", and all orders that you may make for the food, drinks and products advertised for sale by us (the "Products") via the ARC Caribbean/Chocolate Rebellion Website, ARC Caribbean/Chocolate Rebellion.com (the "Website"). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from ARC Caribbean/Chocolate Rebellion.

1. Revisions

We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions, please do not order from ARC Caribbean/Chocolate Rebellion. These Terms and Conditions were last updated on October 1, 2021.

2. Registration

2.1. To order from ARC Caribbean/Chocolate Rebellion, you may do so as a registered member of the site or as a guest. A member must register for an account with us. This is referred to as 'sign-up for an account' throughout our Website and literature. However, THIS IS NOT a credit account; payment will be required upon purchase  via credit card or, at the latest, delivery of goods via cash or cheque. This account can be set up by following the instructions on the Website. 

 

2.2. To register with ARC Caribbean/Chocolate Rebellion you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age. 

 

2.3. You must ensure that the details provided by you on registration or at any time are correct and complete. 

 

2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website. 

 

2.5. The personal and payment details you give to us are governed by a strict privacy policy - please see the separate document by clicking here

 

2.6. Following the setting up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for future reference.

3. Password and security

3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website. 

 

3.2. If ARC Caribbean/Chocolate Rebellion has reason to believe that there is likely to be a breach of security or misuse of the ARC Caribbean/Chocolate Rebellion Website, we may require you to change your password or we may suspend or cancel your account. 

 

3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.

4. Payment

4.1. We accept payments via four (4) means:

  • credit card

  • bank-wire-transfer (BWT)

  • cash-on-delivery (COD) or pick up

  • cheque-on-delivery (CqOD) or pick up

  •  TTPost-issued money order.

 

 

4.2. Credit Card – We provide the Credit Card payment option to all (member and guest) customers. We utilize Wix Payments and Paypal to administer all our credit card payment transactions. PayPal is the trusted leader in online payments with over 100 million member accounts in 190 countries and regions. PayPal helps protect your credit card information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with us. We encourage you to take advantage of this payment option.

4.3. Bank Wire Transfer (BWT) – We provide the BWT payment option to our member customers. BWT transaction details are provided when your order is confirmed by you at “Checkout”. We ask that the exact purchasing amount be transferred. We reserve the right to refuse BWT payments without notice and instead request that an order be completed with the use of a different payment option. If for some reason your BWT attempt is unsuccessful within four (4) hours of placing your order, please contact us.

4.4. Cash-On-Delivery (COD) – We provide the COD payment option to registered members/customers only. We ask that the exact purchasing amount be prepared and presented to our team member at the time of delivery. We reserve the right to refuse COD payments without notice and instead request that an order be completed with the use of a different payment option.

4.5. Cheque-On-Delivery (CqOD) - We provide the CqOD payment option to established members/ customers only. We will only accept the  CqOD after you have completed a minimum of four (4) purchases from us via other means. 

We ask that the exact purchasing amount be prepared and presented to our team member at the time of delivery. We reserve the right to refuse CqOD payments without notice and instead request that an order be completed with the use of a different payment option. Please note the following:

  • Cheques must be made payable to the Alliance of Rural Communities

  • Cheques must be issued by Trinidad and Tobago operated banks and branches only. Foreign cheques will not be accepted.

  • The exact purchase amount must be written on the cheque.

  • The invoice number must be written in the reference section of the cheque

  • “Starter” cheques, un-numbered cheques or non-personalized cheques will not be accepted.

  • The cheque date must match that of the associated invoice. No “post-“ or “future-“ dated cheques.

  • If your cheque is returned unpaid by your bank for insufficient funds, stopped payment, or account closure, we will notify you and allow 24 hours from the time of said notice for you to make full payment.

  • If you stop payment on a cheque, you are no longer eligible to pay by cheque.

  • If your cheque is returned unpaid by your bank, you may only pay future charges with credit card, Bank-Wire-Transfer or with a TTPost issued money order.

  • If you have had two cheques returned unpaid by your bank for payment you are no longer eligible to pay by cheque.

  • If full payment is not received within three days of notification, you are removed from membership and all applicable rights and privileges will be revoked. You are liable for all charges on your account and may be subject to product or payment retrieval by an external service appointed by ARC Caribbean/Chocolate Rebellion.

  • You are charged a $50 fee for any cheque returned unpaid for any reason.

 

5. Product purchases

5.1. You must be over the age of eighteen to purchase from ARC Caribbean/Chocolate Rebellion. If you have ordered from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order. 

 

5.2. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. 

 

5.3 Each Product for which you click 'Add to cart' is added to a 'shopping cart facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping cart when you choose to 'add to cart'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. 

5.4. Your submission of an order amounts to consent to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below. 

5.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'Confirm Order' in the shopping cart' Checkout Confirmation' page. A contract for our sale of Products to you arises on our acceptance of your order. A confirmation email will be sent to you upon completion of your purchase.

5.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions, and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products. 

 

5.7. Subject to clauses 5.8 and 5.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'place order' button. 

 

5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a 'subscription' customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly. The Website still allows you to review all the Products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. 

 

5.9. Some of our Products are priced by weight (for example, some meat and fish Products). We show the prices for weights on the Website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. 

 

5.10. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be credited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products. 

 

5.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for credit to your card. 

 

5.12. We sell only to end users and our Products are not for resale. You warrant that you shall not resell any of the Products. 

 

5.13 All prices for Products are inclusive of any applicable VAT.

5.14. You can pre-order some items that are not yet available for immediate delivery. Pre-Orders can be reviewed, updated, or cancelled at any time before pre-order items are processed. Please contact us to review or cancel a pre-order, or to update the following:

  • The payment method associated with the pre-order. For example, the credit card associated with the pre-order (including changes to the credit card type, credit card number, billing address, and expiration date)

  • The item quantities

  • The delivery method for physical products

 

All pre-orders require full payment at the time the pre-order is placed. We process full payment for the item(s) immediately in the same manner we process payments for in-stock items. If the customer wishes to change or cancel their pre-order before it has been processed, we will refund the full amount paid. Please note that if an in-stock item is ordered in combination with a pre-order item, delivery charges will not be refunded. In-stock items ship immediately.  Pre-ordered items ship as soon as they are in-stock. Pre-ordered items ship within one business day of arrival at our warehouse.  An estimated ship date is posted on the item description page.  Should this estimated date be surpassed, you will be notified by email and given the option to cancel the pre-order for full refund. We reserve the right to cancel any orders for any reason at any time. If we need to cancel an order we will email you (the customer), but are under no obligation to obtain permission or acknowledgement, prior to cancellation.

We reserve the right to change our prices at any time. Pre-orders do not have a guaranteed pre-order price. If a price increase occurs we will notify you via email. If we do not receive a response within 72 hours we will cancel your order, refunding the full amount paid.

Communication is very important to us; please contact us if you have any questions.

6. Delivery of Products and inspection by you

6.1. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website. 

 

6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so. 

 

6.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you. 

6.4. Standard Delivery

Standard Delivery is provided  to most Trinidad and Tobago locations. We ship via our very own in-house delivery offering, TTPost and several other premium carrier/courier services to provide expedited service. Standard Shipping rates are based on the shipping address provided during “checkout”. All orders received before 12PM Monday - Sunday are processed within 2 business days of payment verification and are delivered within 3-5 business days of order processing.

6.5. Express Delivery

Express Delivery is provided  to most Trinidad and Tobago locations. We ship via our very own in-house delivery offering, TTPost and several other premium carrier/courier services to provide expedited service. Express Delivery rates are based on the shipping address provided during “checkout”. We regretably do not yet offer guaranteed next day delivery, although many areas of the country do receive their orders as intended (the next day).

6.6. Rush Delivery

Rush Delivery is provided  to the North-East, North-West and Central regions of Trinidad. We deliver via our very own in-house delivery offering to provide expedited service. Rush Delivery rates are based on the shipping address provided during “checkout”. All orders must be received before 2PM to facilitate same day delivery. We regrettably do not yet offer guaranteed Rush Delivery, although orders scheduled for within the specified regions do receive their orders as intended (within 12 hrs.).

6.7. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below. 

 

6.8. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.

7. Excluded services

7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.

8. Availability of the Website

8.1. Although ARC Caribbean/Chocolate Rebellion aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can. 

 

8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at info@chocolaterebellion.com or via telephone at 1.868.498.4353.

 

9. Cancellation rights

9.1. ARC Caribbean/Chocolate Rebellion may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. 

 

9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using ARC Caribbean/Chocolate Rebellion's services. 

 

9.3. In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone 1.868.498.4353  or email via info@chocolaterebellion.com . We will arrange with you to collect or have you return any such non-perishable goods; we will credit your account with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website. The rights set out at this paragraph 9.3 are in addition to your rights at paragraph 10.2. 

 

9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

10. Warranties and ARC Caribbean/Chocolate Rebellion's liabilities

10.1. Whilst ARC Caribbean/Chocolate Rebellion tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), ARC Caribbean/Chocolate Rebellion may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website. 

 

10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.6. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products. 

 

10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession. 

 

10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:

any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;

any losses which are not caused by any breach by us; or

business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business). 

 

10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question. 

 

10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited. 

 

10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

11. Your statutory rights

11.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). 

 

11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact the Trinidad & Tobago Bureau of Standards (http://www.ttbs.org.tt).

 

12. Applicable law

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Trinidad & Tobago. 

 

12.2. The local courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.

13.. Disclaimers:

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 

 

We may require you to meet certain requirements for passwords and multi-factor authentication and we may change the requirements with or without prior notice. But, no matter how strong your password is, you must ensure that your account credentials, including the email account you use in connection with the Services, are secure. If they are not, people may compromise and take action on your account or interfere with your orders made through the Services. You should always use two-factor authentication when available, always avoid copying scripts into your browser address bar, and avoid clicking on links, opening attachments or visiting Internet resources you do not trust. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), or any other codes that you use to access or in relation to the Services. We assume no responsibility for any losses resulting from the compromise of your account.

 

WE WILL USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION PROVIDED BY THE SERVICES BUT WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE CONTENT, THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES.

 

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES), INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS OR YOUR THIRD PARTY ACCOUNTS; OR (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

 

WE WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. 

 

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) ARE FREE OF ANY DEFECTS, THAT THE CONTENT IS ACCURATE, THAT IT WILL BE UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON MATERIAL, OR INFORMATION, CONTAINED OR MADE AVAILABLE THROUGH THE SERVICES.

 

WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, OTHER THAN REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED HEREUNDER: (I) THE SERVICES (INCLUDING THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; and (II) WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services (including the products you purchase through the Services) will meet your requirements or be available on an uninterrupted, secure, defect-free or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services (including the products you purchase through the Services) or Content.

 

14. Indemnity: You will indemnify and hold harmless Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.

 

15. Limitation of Liability:

 

NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING IN CONNECTION WITH THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

SUBJECT TO SECTION 15(A), IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING IN CONNECTION WITH THE PRODUCTS YOU PURCHASE THROUGH THE SERVICES) EXCEED ONE HUNDRED DOLLARS ($100). 

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

 

16. Amendments

We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the ARC Caribbean/Chocolate Rebellion Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from ARC Caribbean/Chocolate Rebellion or use the ARC Caribbean/Chocolate Rebellion Website. If you continue to use the ARC Caribbean/Chocolate Rebellion Website after the date on which the change comes into effect, your use of the ARC Caribbean/Chocolate Rebellion Website indicates your agreement to be bound by the new Terms and Conditions.

17. Nuts

ARC Caribbean/Chocolate Rebellion operates a facility where nuts, beans, seeds and legumes are handled. 

18. Wholesale Deliveries

We are a distribution company dealing with the delivery of quality organic and zero-waste produce (fresh fruits, vegetables, meats and seafood). We offer wholesale deliveries at a time most convenient to you. We offer a thirty (30) day credit limit on all wholesale purchases. Please note that wholesale implies a minimum of 5kg or more of produce or a dozen units of packaged items. 

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