TERMS & CONDITIONS
1. Introduction
Welcome! You are entering into this Agreement with Casuarina Thrift & Consignment, whether you reside in Barbados, Trinidad & Tobago or Jamaica (as applicable “Casuarina Thrift & Consignment”, “We”, “Our”, or “Us”). When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy which sets out the terms in which We process any Personal Data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent. Capitalized terms are as defined throughout this Agreement. As we may modify any terms herein at any time You should periodically visit this page to review all current terms.
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
2. Services
This Agreement applies to all Casuarina Thrift & Consignment services, including the Casuarina Thrift & Consignment mobile app (on any and all formats or devices), and the websites located at www.casuarinathrift.com (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Casuarina Thrift & Consignment is not a party to such sale or purchase.
There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Casuarina Thrift & Consignment. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
3. Registration
You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to use our service. You are responsible for Your use of the Service, and any use of the Service made using Your account. The personal information You provide to us is governed by the Privacy Policy. You acknowledge Casuarina Thrift & Consignment may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in Casuarina Thrift & Consignment’s business interest. You further acknowledge that Casuarina Thrift & Consignment reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Service is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If You are under the age of 18, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Service. Casuarina Thrift & Consignment reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. Casuarina Thrift & Consignment will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Third Party Services
Casuarina Thrift & Consignment may provide to You, or provide Your Content to, certain Third Party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Casuarina Thrift & Consignment network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Casuarina Thrift & Consignment network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Casuarina Thrift & Consignment is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
5. Third Party Material
Casuarina Thrift & Consignment will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Casuarina Thrift & Consignment does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Casuarina Thrift & Consignment reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under the sole discretion of Casuarina Thrift & Consignment.
6. Your Responsibilities
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by Casuarina Thrift & Consignment. Casuarina Thrift & Consignment may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
You agree not to use the service to:
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Provide any Content, Postings, or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior.
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Violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service
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Create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service
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Promote any illegal activity or enterprise
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Stalk, harass, bully, impersonate or solicit information from anyone,
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Copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service
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To sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship
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Pose a privacy or security risk
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Infringe on anyone’s intellectual property
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Spam any users with email, junk mail, fraud, schemes, or the like
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Transmit or upload viruses, worms, or interfere with the Service, or
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Take any action or inaction which Casuarina Thrift & Consignment, in its sole judgement, believes is questionable or could cause harm or liability.
7. Your Content
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Casuarina Thrift & Consignment Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Casuarina Thrift & Consignment and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Casuarina Thrift & Consignment, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Instagram, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us to any applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Casuarina Thrift & Consignment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Casuarina Thrift & Consignment. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Casuarina Thrift & Consignment Parties with respect thereto. Any and all Content You upload is not considered confidential by Casuarina Thrift & Consignment, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Casuarina Thrift & Consignment’s sole discretion, and Casuarina Thrift & Consignment has no control or liability over what other users do with your Content. You understand and agree that Casuarina Thrift & Consignment will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions''), provided by you to Casuarina Thrift & Consignment are non-confidential and Casuarina Thrift & Consignment shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
8. Intellectual Property Rights
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Casuarina Thrift & Consignment retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Casuarina Thrift & Consignments intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Casuarina Thrift & Consignment Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Casuarina Thrift & Consignment. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Casuarina Thrift & Consignment.
9. Infringement Policy
Casuarina Thrift & Consignment respects the intellectual property of others and ask that our Users do the same. Although Casuarina Thrift & Consignment is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If your work is removed due to infringement and You believe it is not infringing, please provide our Customer Support with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to Supreme Courts located in either Barbados, Trinidad & Tobago or Jamaica and a statement to accept service of process regarding the alleged infringement. Casuarina Thrift & Consignment will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Customer Support at help@casuarinathrift.com (Subject line: Takedown Request).
10. Purchase and Sale Transactions
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Risks, No Warranty. You assume certain risks in using a marketplace service such as Casuarina Thrift & Consignment. Casuarina Thrift & Consignment is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agree, and understand You bear all of the risks in selling or purchasing items on the Service.
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Fees. Registering for the Service is free, however, Casuarina Thrift & Consignment charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
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Prohibited items.
Casuarina Thrift & Consignment prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy. Casuarina Thrift & Consignment prohibits the listing or sale of counterfeit items. -
Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
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Buyers. You are solely responsible for reading and reviewing the Item listed before making an offer or purchasing. The contract to purchase is between You and the Seller, not Casuarina Thrift & Consignment.
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Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Casuarina Thrift & Consignment including any shipping or additional fees listed. Casuarina Thrift & Consignment is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Casuarina Thrift & Consignment is not a Buyer or Seller of Items. Casuarina Thrift & Consignment may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by Casuarina Thrift & Consignment or where applicable, a Seller.
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Shipping/Drop Off.
Casuarina Thrift & Consignment will not at this time, provide Seller with a prepaid shipping label to send the Item to the Buyer (Casuarina Thrift & Consignment reserves the right to commence providing Labels to any or all users at any time and for any reason). Seller must deliver Item to Buyer or the Collections Office if located in Barbados. Seller must ship Item within five (5) days of order placement, if Seller does not ship the Item, We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When shipping, Seller must only use appropriate labels to ship applicable items, is fully responsible for contents of the parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to the Buyer, Buyer must report the issue to Casuarina Thrift & Consignment within three (3) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Casuarina Thrift & Consignment or failing to notify Casuarina Thrift & Consignment within three (3) days of delivery (as determined by tracking information), Casuarina Thrift & Consignment will credit Seller’s account with amount equal to Purchase price, minus taxes, Casuarina Thrift & Consignment’s commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Casuarina Thrift & Consignment’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service. -
Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, which Casuarina Thrift & Consignment will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Casuarina Thrift & Consignment is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Casuarina Thrift & Consignment does not collect taxes on your behalf.
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Payments. Buyers may pay for Items using payment methods approved by Casuarina Thrift & Consignment, and Casuarina Thrift & Consignment will receive payment from Buyer on behalf of Seller. By submitting payment information to Casuarina Thrift & Consignment You authorize Casuarina Thrift & Consignment to store that information and with your confirmation, charge You for any Items purchased.
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Fee Modifications.
We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Our revision of the Fee Policy. -
Shipping Costs. Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
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Returns. Casuarina Thrift & Consignment may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing support@cassiebycasuarinathrift.com, in each case within three days after delivery/collection (as determined by the tracking information on the Label) of the Item.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, CASUARINA THRIFT & CONSIGNMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASUARINA THRIFT & CONSIGNMENT MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
CASUARINA THRIFT & CONSIGNMENT MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
13. Limitations on Liability
Casuarina Thrift & Consignment is not liable for
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Any Content posted on Our Services;
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Purchases, sales, or other obligations that may arise between Users;
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Any damages that result through Your use of Our Services;
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Any of the Third Party Service(s) You may be provided pursuant to Your use of the Services;
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Any third party personally identifiable information you upload or provide to Casuarina Thrift & Consignment pursuant to the Services
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Any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Casuarina Thrift & Consignment will have no liability or responsibility with respect to such interactions, purchases, or sales. Casuarina Thrift & Consignment reserves the right but is under no obligation to become involved in any dispute between You and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CASUARINA THRIFT & CONSIGNMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT CASUARINA THRIFT & CONSIGNMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CASUARINA THRIFT & CONSIGNMENT BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO CASUARINA THRIFT & CONSIGNMENT AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law.
14. Indemnity
You agree to release, defend, indemnify and hold Casuarina Thrift & Consignment, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. You will waive the applicable statute or doctrine for the country of your residence.
15. Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
16. General
16.1 Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of Barbados without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in Barbados.
16.2 Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
Casuarina Thrift & Consignment is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at help@casuarinathrift.com. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Casuarina Thrift & Consignment, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Casuarina Thrift & Consignment may commence an arbitration proceeding. The arbitration will be conducted in Barbados under the international rules of the Arbitration and Mediation Court of the Caribbean.
16.3 Severability, Headings, Non-waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Casuarina Thrift & Consignment will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
16.4 Modifications
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY CASUARINA THRIFT & CONSIGNMENT IN ITS SOLE DISCRETION AT ANY TIME. Casuarina Thrift & Consignment may modify or discontinue the service with or without notice. Casuarina Thrift & Consignment is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the "Last Revised" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
16.5 Termination
We may terminate the Services or Your account at Our discretion without explanation, notice, and liability to Casuarina Thrift & Consignment including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. Casuarina Thrift & Consignment will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
16.6 Export Controls and Laws
All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where You use, is Your responsibility and at Your own risk.
16.7 Electronic Communication, Documentation
When you use the Service or send emails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents referenced herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.
16.8 Notices
You agree We will provide notices and messages to You within the Services, or if required, via email. You may provide Casuarina Thrift & Consignment notice and will be deemed provided once received by Casuarina Thrift & Consignment, addressed via email to the address noted in the Questions, Comments section below.
16.9 Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement:
Casuarina Thrift & Consignment help@casuarinathrift.com