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.
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.
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”).
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 email@example.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 liabili