Welcome to the Caribbeanbunch.com website (the “Caribbeanbunch.com Site”), a website owned and operated by Caribbean Bunch Ltd.
These Terms of Use constitute a legally binding agreement between you and Caribbean Bunch Ltd. Please read these Terms of Use, the terms and conditions posted through any Caribbean Bunch Device or Application, or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by Caribbean Bunch Ltd (collectively, the “Caribbean Bunch Services”) carefully before using the Caribbean Bunch Services.
The terms and conditions stated below, along with the policies and guidelines located throughout the Caribbean Bunch Services (collectively herein the “Terms of Use”) identify what a user of the Caribbean Bunch Services (“you” or “your” or “User” or “Users”) can expect from Caribbean Bunch Booksellers, Inc., its parent, subsidiaries, and affiliates (together referred to herein as “Caribbean Bunch”, “we”, “us” or “our”), and/or persons who provide products or services to Caribbean Bunch customers either directly or through the Caribbean Bunch Services (“Caribbean Bunch Providers”) and what the Caribbean Bunch in turn expects from Users. By visiting any Caribbean Bunch website, creating an account, making a purchase via the Caribbean Bunch website, downloading a Caribbean Bunch application, joining any Caribbean Bunch online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to the Caribbean Bunch user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you disagree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Caribbeanbunch.com site or any other Caribbean Bunch Service immediately.
These Terms and Conditions of Use state that disputes will be resolved through binding arbitration rather than through jury trials or class actions. For more information, including instructions on how to opt out of binding arbitration and the class action waiver, please refer to Section 16.
Separate terms and conditions apply to purchasing, downloading and using digital content such as software applications, books, magazines, newsletters, papers, periodicals, cartoons and movies (“Digital Content”). To review the Terms of Service for such Digital Content,
1. LICENSES AND RESTRICTIONS
1.1 Licenses. The Caribbean Bunch grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless the User has a business relationship with Caribbean Bunch documented in a separate agreement) of the Caribbean Bunch, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. The Caribbean Bunch further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Caribbeanbunch.com website so long as the link does not portray the Caribbean Bunch, its subsidiaries and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
2. TRADEMARKS
The Caribbean Bunch, or its parent, owns the trademarks or service marks used on the Caribbean Bunch websites. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of the Caribbean Bunch and its licensors may not be used without prior written consent of the Caribbean Bunch or its licensor, as the case may be. Without limiting the foregoing, no Caribbean Bunch trademark or trade dress may be used in connection with any product or service that is not the Caribbean Bunch’s, in any manner that is likely to confuse Users, or in any manner that disparages or discredits Caribbean Bunch.
3. CONTENT
3.1 Proprietary Rights. User acknowledges that the Caribbean Bunch Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the United Kingdom copyright laws, and the Caribbean Bunch owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Caribbean Bunch Services. The User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for the User’s personal use and that the User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.K. copyright laws. the User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, then use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 **Third-Party Content**: The Caribbean Bunch is not a distributor or publisher of content provided by third parties and users. We do not exercise editorial control over such content. Therefore, we are not obligated to review any content, including user-created content, as defined in Section 11 below.
Any opinions, advice, statements, services, offers, or other information that are part of the content, including user-created content, expressed or made available by third parties or other users, represent the views of the respective authors or distributors and not of the Caribbean Bunch or any Caribbean Bunch Provider, unless explicitly stated otherwise.
Neither the Caribbean Bunch nor any Caribbean Bunch Provider makes any representation, warranty, or guarantee regarding the accuracy, completeness, or usefulness of any third-party content unless otherwise expressly stated.
In many cases, this content includes user-created material. The Provider will be liable for any loss, damage, or harm resulting from a user’s reliance on information obtained through Caribbean Bunch Services. It is the user’s responsibility to assess the accuracy, completeness, or usefulness of the information, opinions, advice, or content, including user-created content, available through Caribbean Bunch Servic
es.4. PRICES
4.1 Prices. The price for an item on the Caribbean Bunch Services may differ from the price shown in a User’s shopping cart, and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is made. On rare occasions, an item may be priced incorrectly on the Caribbean Bunch website. If the price for the item on the Caribbean Bunch Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Caribbean Bunch, the Caribbean Bunch may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by the Caribbean Bunch. Any purchases from any third-party sellers on the Caribbean Bunch website may be subject to different policies in the event of an incorrectly priced item.
5. RISK OF LOSS
The Caribbean Bunch does not accept responsibility for the loss and title for all items purchased via the Caribbean Bunch website once the shipping has been passed to the carrier.
6. PRODUCT DESCRIPTION
The items available for purchase on the Caribbean Bunch website come with descriptions provided directly by us, the publisher, manufacturer, developer, or distributor of these items. Caribbean Bunch does not guarantee that the descriptions are accurate or complete. If a user purchases an item from the Caribbean Bunch website and it does not match the description, their only remedy is to return the item in unused condition for a full refund of the purchase price.
7. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (‘Minors’) are permitted to use the Caribbean Bunch website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16, nor do we knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone below the age of 16 has provided their personal information to the Caribbean Bunch website, we will remove that information as soon as possible..
8. TERMINATION OF USAGE
8.1 Termination Rights. The Caribbean Bunch may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Caribbean Bunch website including any account thereon, without notice, for any reason in the Caribbean Bunch’s sole discretion, including, without limitation, violation of the Terms of Use, the Caribbean Bunch’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, the Caribbean Bunch, any Caribbeanbunch.com Provider or another User.
8.2 Restricted Users. In certain cases, in the Caribbean Bunch’s sole discretion, the Caribbean Bunch may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) their right to use or access any part of the Caribbean Bunch Services has been terminated, including the right to use, access or create any account thereon; (ii) that the Caribbean Bunch refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be outlined in the Restriction Notice.
9. INDEMNITY
User agrees to indemnify, defend and hold the Caribbean Bunch (and its affiliates, employees, contractors, agents, suppliers and partners) and each the Caribbean Bunch Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys’ fees, brought by any third party due to or arising out of (i) such User’s use of the Caribbean Bunch Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. The Caribbean Bunch reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Caribbean Bunch, and User agrees to cooperate with Caribbean Bunch’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Caribbean Bunch Services.
10. PASSWORD AND ACCOUNT SECURITY
10.1 Account Password. Every User that has an account with the Caribbean Bunch website is responsible for (i) keeping their account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. The User acknowledges that it is necessary to keep the e-mail address associated with their account current because although the User may be able to log into their Caribbean Bunch account using an old e-mail address, such User will not receive messages from Caribbean Bunch about their orders and inquiries or other matters.
10.2 Account Security. The User accepts full responsibility for all activities that occur within the User’s Caribbean Bunch account or the Caribbean Bunch community, whether or not authorized by the User.
11. INTERACTIVE COMMUNITY
11.1 Interactive Community. The Caribbean Bunch offers numerous opportunities for interactive activities that will enable Users to post information and other material that will be visible to other Users. Section 11, Our Interactive Community, applies to the activities of persons who are using the services within the Caribbean Bunch website (“Interactive Community Users”). The scope of these features may change occasionally, with or without notice. If you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in, then you are using the interactive feature.
11.2 Interactive Services. Interactive service features may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Caribbean Bunch products or services/Interactive features, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, sounds, and other material on or through the Interactive Services, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). The User is prohibited from posting on or transmitting through the Caribbean Bunch or any media unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. The Caribbean Bunch reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community features at any time, for any or no reason, with or without prior notice or explanation, and without liability.
11.3 Right to Remove Profile or Terminate Access. The Caribbean Bunch reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
11.4 **Misuse of Interactive Services**: If you become aware of any misuse of the interactive features, including content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or any material that encourages conduct constituting a criminal offense, could lead to civil liability, or violates any applicable laws, Please reach out to our Customer Service department to report this issue.
12.1 User Created Content.
12. NOTICES
User consents to electronic communications with Caribbean Bunch, whether addressed to the e-mail address associated with such User’s Caribbean Bunch account or posted on the Caribbean Bunch Services. User acknowledges and agrees that any communication via e-mail or by postings on the Caribbean Bunch Services satisfies any legal requirement that such communications be made in writing.
13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1 DISCLAIMER OF WARRANTIES.
13.2 LIMITATION OF LIABILITY.
14. SEVERABILITY
The provisions outlined in these Terms of Use are intended to be separate and independent. If any part of these Terms of Use is deemed invalid or unenforceable in any jurisdiction, that specific provision will be ineffective only in that jurisdiction without affecting the validity or enforceability of the remaining provisions in any other jurisdiction. Additionally, the failure of Caribbean Bunch to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.
15. APPLICABLE LAW; JURISDICTION
15.1 **Applicable Law:** Caribbean Bunch is established and governed by Caribbean Bunch in England and Wales, as well as the EU. The laws of England and Wales and the EU will govern these Terms of Use, without regard to any principles concerning conflicts of law.
15.2 Jurisdiction. Both the Caribbean Bunch and User agree to submit to the nonexclusive personal jurisdiction of the courts located within England and Wales and waive any objection to the laying of venue of any litigation in said courts.
16. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CARIBBEAN BUNCH TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any dispute or claim arising from, relating to, or connected with these Terms of Use, the Caribbeanbunch.com web-services, the Caribbean Bunch Content including Digital Content, any Caribbean Bunch account and/or any Digital Library (each a “Claim”) will be resolved by binding arbitration (rather than in court). The place of arbitration shall be the High Court of England and Wales or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this section (Section 16), we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
WAIVER OF CLASS ACTIONS. We each agree that any claim will be resolved through arbitration or litigation, as applicable, on an individual basis and will not be combined with any claims from other parties, whether through class action proceedings, class arbitration, or other means. We acknowledge that we are knowingly, voluntarily, and intentionally waiving our right to a jury trial for any litigation that arises out of, relates to, or is connected with these digital content terms of sale.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms outlined in Section 16, you must notify us in writing within 30 days of when you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). Please mail your written notification to:
Caribbean Bunch
Attention: Customer Services
3 Otago House
Crofton Road
Lincoln, LN3 4NL
Your notification must include your name, address, and a clear statement expressing your desire to opt out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For any claim not subject to the arbitration procedures in Section 16, we both agree to the governing law and jurisdiction stated in Section 15.1 above.
18. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the Caribbean Bunch Services, the following policies are incorporated into the Terms of Use:
19. ACKNOWLEDGMENT
The Terms of Use and all referenced documents represent the complete understanding between the User and Caribbean Bunch about their relationship. The Terms of Use supersede any prior statements or representations. The headings in the Terms are for reference only and do not affect the interpretation of any terms. In these Terms of Use, the word “including” means “including, but not limited to.”
20. MODIFICATION
These terms were last revised on September 9, 2024.
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