SHOPPER TERMS AND CONDITIONS OF USE
1.1. These Terms and Conditions of Use (“Terms”) contain the terms and conditions that govern use of Telecommunications Services of Trinidad and Tobago Limited’s (hereinafter referred to as “TSTT” or “the Company”) e-commerce services (“Services”) for the purchase of consumer products.
1.2. The Services include access to the Company e-commerce marketplace known as Parlour which consists of the website (parlourcaribbean.com) (“the Site”) together with supporting IT, logistics, and payment infrastructure (“the Platform”).
1.3. The Terms apply to shoppers (if registering for or using the Services as an individual, or business employing such person, if registering for or using the Services as a business) seeking access to and use of the Platform in order to purchase products (“Shoppers”).
1.4. By visiting or using the Platform (on behalf of yourself of the business you represent), the Shopper agrees to be bound by these Terms. The Terms take effect when the Shopper clicks on the “I Accept” button or checks the box presented with these Terms.
1.5. The Terms apply to Shoppers who use the Platform to purchase certain consumer and merchandise products (“Products”) being offered for sale by merchants (“Sellers”) via an online store on parlourcaribbean.com.
1.6. Please read these Terms carefully before accessing or using the Site or making any purchases. If you do not agree to all the Terms, then you may not access the Site.
1.7. The Company reserves the right to update and change these Terms from time to time by posting such updates and changes to the Site. Any updates or changes will be effective as of the date of posting on the Site. Shoppers are advised to check the Site, the Terms, and any additional posted service terms from time to time for any updates or changes. The continued use of the Site after any amendment to the Terms published constitutes Shopper’s agreement to, and acceptance of, the amended Terms.
Section 2 – Shopper Services
2.1. The Services being provided to the Shopper by the Company are intended to facilitate the online purchase of Products from Sellers via online stores. Shoppers place orders of the Seller’s products through the Platform.
2.2. The Services include the hosting of an e-commerce platform and its associated technology, customer support, payment services and delivery services. In consideration of the provision of these Services, the Shopper shall pay the charges as specified at Section 7 herein to the Company.
2.3. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Platform or on any related website is inaccurate at any time without prior notice (including after a shopper submits an order).
Section 3 - Shopper Accounts
3.1. Shoppers may access the Services through an account created for this purpose (referred to as a “Shopper Account”) or as a guest (referred to as a “Shopper Guest Account”).
3.2. To create a Shopper Account, the shopper must submit their name and email address and create a secure password. The account is created when the Shopper receives confirmation via email.
3.3. The Shopper is responsible for maintaining the confidentiality of its account and password and for restricting access to the account. The Shopper also agrees to accept responsibility for all activities that occur under the account.
3.4. Shopper agrees to provide current, complete, and accurate purchase and account information for all purchases made on the Site. Shopper also agrees to promptly update its account and other information, including email addresses and credit card numbers, and expiration dates so payment transactions can be completed as needed.
Section 4 - Use of Site
4.1. If you are an individual, you represent and warrant that you are over 18 years of age. If you are acting on behalf of a company or another entity, you represent and warrant that you have full authority to bind such company or other entity to the Terms.
4.2. You acknowledge and agree that the Company may, under its sole discretion, without notice to you, suspend, or terminate your use of, or access to the Site, or remove or edit content in the Seller online store or cancel orders at its sole discretion and remove and discard any related materials. For any reason, including where the Company believes that you have violated any of these Terms, you agree that the Company shall not be liable to you or to any person because of any such suspension or termination. If you are unsatisfied with any of these Terms, please discontinue using the Site.
Section 5 - Restrictions
5.1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site:
5.1.1. For any unlawful purpose.
5.1.2. To solicit others to perform or participate in any unlawful acts.
5.1.3. To violate any international or local laws or regulations.
5.1.4. To infringe upon or violate the Company’s intellectual property rights or the intellectual property rights of others.
5.1.5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
5.1.6. To submit false or misleading information.
5.1.7. To upload or transmit Trojan horses, worms, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform.
5.1.8. To collect or track the personal information of others.
5.1.9. To spam, phish, pharm, pretext, spider, crawl, or scrape.
5.1.10. For any obscene or immoral purpose.
5.1.11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet or damage, detrimentally interfere with, surreptitiously intercept, or expropriate any systems, data personal information or property.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Section 6 - Product Description
6.1. The Company does not warrant that product descriptions or other content on the Platform is accurate, complete, reliable, current, or error-free. If a product offered by a Seller is not as described, Shopper’s sole remedy is to return it in unused condition.
6.2. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Platform or on any related website is inaccurate at any time without prior notice (including after a Shopper submits an order).
6.3. The Company does not warrant that the quality of any products, services or information purchased or obtained by you will meet your expectations, or that any errors on the Platform will be corrected.
Section 7 - Pricing
7.1. The price of a Product displayed on the Site is deemed as the final seller price and does not include any applicable delivery charges.
7.2. The price payable by the Shopper will be final seller price inclusive of applicable delivery charges, which will vary according to the type of delivery service the Shopper selects.
7.3. We undertake no obligation to update, amend or clarify information on the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 8 - Risk of Loss
8.1. All purchases of Products are made pursuant to the arrangement of a selected delivery service. This means that the risk of loss for such items passes to the Shopper upon receipt of the purchased item from the delivery service.
Section 9 - Returns and Refunds
9.1. Shopper Return and Refund processes may be found in the Order and Customer Care Guidelines.
Section 10 - License and Access
10.1. Subject to your compliance with these stated Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.
10.2. This license does not include any commercial use of the Site’s contents; collection and use of any product listings, descriptions, or prices; use of the Services or its contents; downloading, copying, or other use of account information for the benefit of any third party; or use of data mining, robots, or similar data gathering and extraction tools.
10.3. All rights not expressly granted to you in these Terms are reserved and retained by the Company. No content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
10.4. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Parlour trademark without the express written consent of the Company.
10.5. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by the Company, or its content providers terminate if you do not comply with these Terms.
Section 11 - Privacy
11.1. You acknowledge and agree that your use of the Services, including information transmitted to or stored by the Company, is governed by the Parlour Privacy Notice.
Section 12 - Electronic Communications
12.1. When you use the Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
12.2. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.
Section 13 - Copyright
13.1. The compilation of all content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company or its licensors.
Section 14 - Trademark
14.1. The Parlour trademark may not be used in connection with any product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Parlour brand.
14.2. All other trademarks not owned by the Company or its licensors, which appear on the Parlour platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Parlour.
Section 15 - Intellectual Property Rights
15.1. All intellectual property rights owned by one Party shall remain vested in such Party. For the avoidance of doubt, the intellectual property rights of the Platform and Service shall be vested in the Company.
15.2. Subject to Clause 30.3 below, the Company and the Shopper hereby mutually agree to indemnify each other and hold each other harmless against any liability, costs, claims and expenses which may be incurred by the other arising out of a claim by a third party relating to the infringement of intellectual property rights in the Services, Platform, data, specifications, or documentation supplied by one party to the other hereunder.
15.3. A party shall not be obliged to indemnify the other under Clause (2) where:
15.3.1. Such infringement is caused by an act (other than the use of any software in accordance with this Agreement) of the party seeking indemnity; or
15.3.2. Such infringement arises from the use of specification, information, data, or materials not in accordance with the terms of the third-party supply by the party seeking indemnity; or
15.3.3. The party seeking indemnity does not promptly notify the other in writing of the details of any claim or does not give sole conduct and control of all negotiations and litigation to the other party; or
15.3.4. The party seeking indemnity at any time admits liability or otherwise attempts to settle or compromise a defense to any claim or does not give to the indemnifying party such advice and assistance as it shall reasonably require.
Section 16 - Reviews, Comments, Communications, and Other Content
16.1. You may post reviews, comments, photos, videos, and other content; send electronic communications; and submit suggestions, ideas, comments, questions, or other information, so long as provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
16.2. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Company reserves the right (but not the obligation) to remove or edit such content.
16.3. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company the right to use the name that you submit in connection with such content if they choose.
16.4. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right (but not the obligation) to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Section 17 - Disclaimer of Warranties and Limitation of Liability
17.1. The Parlour platform and all information, content, materials, products (including software) and other services included on or otherwise made available to you are provided by the Company or its licensors on an "as is" and "as available" basis, unless otherwise specified in writing.
17.2. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products or other services included on or otherwise made available to you through Services, unless otherwise specified in writing.
17.3. You expressly agree that your use of the Services is at your sole risk.
17.4. To the full extent permissible by law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the information, content, materials, products or other services included on or otherwise made available to you through the Site or electronic communications sent from the Company are free of viruses or other harmful components.
17.5. To the extent permitted by applicable laws, in no event shall the Company be liable for lost profits or any special, incidental, direct, indirect, or consequential damages arising out of or in connection with the Platform, Services or these Terms. The Shopper agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Shopper’s breach of these Terms (or violation of any law or the rights of a third party or arising out of the use of the Services).
17.6. The extent of the Company’s liability in contract, tort (including negligence) or for the breach of any statutory duty or otherwise arising by reason of or in connection with these Terms or howsoever otherwise shall not exceed the aggregate amounts payable by the Shopper to the Company related to the Services giving rise to the claim.
Section 18 - Applicable Law
18.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago and the courts of Trinidad and Tobago shall have exclusive jurisdiction with respect to any dispute or claim arising out of or in connection with these Terms.
Section 19 - General Conditions
19.1. These Terms are effective unless and until terminated by either Shopper or the Company. You may terminate these Terms at any time by notifying the Company that you no longer wish to use the Services, or when you cease using the Site.
19.2. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.
19.3. No agency, partnership, joint venture, or relationship of employment is created as a result of the Terms, and you do not have any authority of any kind to bind the Company in any respect whatsoever.
19.4. If any provision of these Terms shall be found to be unenforceable, it shall not invalidate the remainder of the terms.
19.5 Neither party shall be liable to the other for any loss, damage, cost or expense which may be suffered by the other party as result of any delay or failure in the performance of its obligations under these Seller Terms of Service to the extent that such delay or failure is due to causes of Force Majeure, which shall mean causes proved to be beyond such party’s control and without the party’s fault or negligence, including without limitation any Act of God, natural disasters fire, flood, explosions, earthquakes; epidemics or quarantine restrictions; any act of Governments, civil or military authorities; war, insurrection or riots; strikes, labour, disputes, lock-outs, or embargoes, provided that in all such cases such party exercises due diligence in promptly notifying the other party hereto in writing of any known or anticipated delay and recommences the performance of its obligations under the Terms immediately on cessation of such delay.
Section 20 - Company Details and Notices
20.1. You can contact the Company via email help@parlourcaribbean.com.
20.2. You may contact Sellers for after-sales queries, including any disputes, by requesting their contact details from the Company, pursuant to which the Company shall be obliged to ensure that the seller is clearly identifiable.
20.3. You consent to receive notices electronically from us. We may provide all communications and information related to your use of the Site in electronic format, either by posting to the Site or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.
