TERMS OF AGREEMENT

The WiiShoppe website, as well as any other media form, media channel, mobile website or mobile application related, linked to, or otherwise connected thereto (collectively, the “Site”), constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Tremendous Minds Technologies, doing business as WiiShoppe (“WiiShoppe,” “we,” “us,” or “our”). The following commodities, products, and/or services (the “Marketplace Offerings”) are available on the site’s online marketplace. All users must accept and abide by these Terms of Use in order to make the Site a safe place for the buying and selling of Marketplace Offerings. By using the Site and/or the Marketplace Offerings, you acknowledge that you have read, comprehended, and agree to be legally bound by all of these Terms of Use. YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND MUST IMMEDIATELY DISCONTINUE USE IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE.

The Site may occasionally post additional terms and conditions or documents, which are hereby expressly incorporated herein by reference. We reserve the right to alter or amend these Terms of Use at any time and for any cause, at our sole discretion. The “Last updated” date of these Terms of Use will be updated to inform you of any updates, and you renounce any claim to specific notice of each change. You are responsible for regularly reviewing these Terms of Use to be aware of any revisions. By using the Site after the date that any new Terms of Use are posted, you agree to be bound by the changes therein and are deemed to have been informed of and to have accepted them.

The information on the Site is not intended to be shared with or used by any person or organization in any jurisdiction or nation where doing so would be against the law or a rule, or where doing so would require us to register there. As a result, anybody choosing to access the Site from another place does so at their own free will and is solely responsible for adhering to local laws, if and to the extent that they apply.

The Site is only meant to be used by visitors who are at least 18 years old. Use of the Site, registration for the Service, or access to the Marketplace Offerings is not permitted by anyone under the age of 18.

INTERLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site and the Marketplace Offerings are our exclusive property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) are our property or under license from us, and the trademarks, service marks, and logos therein (the “Marks”) are protected by copyright and trademark laws as well as other intellectual property rights. The Site only offers the Content and the Marks “AS IS” for your information and private use. No portion of the Site or the Marketplace Offerings, and no Content or Marks, may be duplicated, combined, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, unless expressly permitted in these Terms of Use.

You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own private, non-commercial use. This is granted as long as you are qualified to use the Site. We hold all ownership rights to the Site, the Content, and the Marks that are not otherwise explicitly given to you.

USER REPRESENTATION

When using the Site or Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to abide by these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not use the Site or Marketplace Offerings for any illegal purpose. (6) You will not use the Site for any unlawful or unauthorized purposes; (7) You will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script, or other means; and (8) You will not use the Site or the Marketplace Offerings in a way that violates any applicable law or regulation.

We reserve the right to suspend or cancel your account and prohibit any and all current or future use of the Site in the event that you provide any information that is untrue, inaccurate, out-of-date, or incomplete (or any portion thereof)

You are not permitted to use the Site or the Marketplace Offerings for any improper or unlawful purposes, nor are you permitted to break any laws by using the Marketplace Offerings. Intoxicants of any kind, illicit narcotics, or other unlawful products, alcoholic beverages, chance games, and pornography or graphic adult content, photographs, or other adult merchandise are a few examples of unlicensed Marketplace Offerings. If you post any illegal goods or content, your account could be immediately terminated and you’d lose access to the Site forever.

We are a service provider and make no claims regarding the efficacy, appropriateness, accuracy, completeness, availability, prices, ratings, or legality of any of the information on the site or the marketplace offerings that are advertised or provided through the site. You acknowledge and agree that the information on the Site does not constitute or contain any representations that may be relied upon in a manner that is reasonable in the circumstances, and you release us from liability for any errors, omissions, or misrepresentations in the information on the Site. The Site is offered solely for informative and promotional purposes and we do not promote or suggest any Marketplace Offerings.

USER REGISTRATION

To access the Marketplace Offerings, you are required to register with the Website. You pledge to keep your password private and accept responsibility for any and all account activity. If we decide, in our sole discretion, that the username you choose is improper, objectionable, or otherwise unacceptable, we have the right to remove, reclaim, or replace it.

MARKETPLACE OFFERINGS

The colors, features, specifications, and other information of the marketplace offerings that are available on the site are all displayed as precisely as we can. However, we cannot guarantee that the marketplace offerings’ colors, features, specifications, and other information will be correct, complete, up to date, or error-free, and your computer’s display may not accurately depict the colors and other information of the products. We cannot promise that any Marketplace Offerings will be in stock; availability governs all Marketplace Offerings. The Site may be the only place to purchase specific Marketplace Offerings. These Marketplace Offerings might only be available in limited quantities, and they can only be returned or exchanged in accordance with our Return Policy.

The quantity of Marketplace Offerings offered or accessible on the Site may be restricted at our discretion. According to our sole discretion, we reserve the right to make any and all changes to the Marketplace Offerings’ descriptions or prices without prior notification. Any Marketplace Offerings may be canceled at any moment and for any reason by us. We can not guarantee that any Marketplace Offerings you purchase will live up to your expectations in terms of quality or that any mistakes on the website will be fixed.

PURCHASE AND PAYMENT

We accept the following forms of payment: 

–  Visa

–  Mastercard

–  American Express

–  Discover

You acknowledge that for all Marketplace Offerings transactions made through the Site, you will provide current, complete, and accurate purchase and account information. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date. As required by us, sales tax will be charged to the cost of purchases. Prices are subject to change at any time. Every payment must be made in Trinidad and Tobago dollars.

You authorize us to charge your preferred payment method for any relevant shipping fees as well as all charges for your purchases at the pricing in place at the time of your order. If your order is subject to recurring charges, you agree that up to the time you cancel the relevant transaction, we may charge your payment method on a regular basis without first requesting your approval. Even if we have already asked for or received payment, we reserve the right to fix any typos or pricing inaccuracies.

Any order placed through the Site may be rejected by us at our discretion. We reserve the right to restrict or revoke the number of purchases made per person, per household, or per order. These limitations may apply to orders made using the same payment method, the same billing or shipping address, or orders made by or under the same customer account. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.

RETURN POLOCIES

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

The Site may only be accessed and used for the purposes for which it is intended by us. The use of the Site for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited.

You consent as a Site user not to:

  • Without our express written consent, systematically take data or other content from the Site in order to establish or compile a collection, compilation, database, or directory.
  • Use the Marketplace Offerings in any way that is not authorized, such as creating user accounts automatically or under false pretenses, or gathering usernames and/or email addresses of users for the purpose of sending unsolicited email.
  • Make purchases on the Site through a buying agency or purchasing agent.
  • Disable or otherwise tamper with security-related aspects of the Site, such as those that forbid or restrict the use or duplication of any Content or impose usage restrictions on the Site and/or its content.
  • Unauthorized linking to or framing of the site.
  • Try to learn private account information, such as user passwords, by tricking, defrauding, or misleading us and other users.
  • Promote or offer to sell products and services on the website.
  • Make improper use of our support services or file fictitious claims of misconduct or abuse.
  • Use robots, data mining, or other similar techniques for automated data gathering and extraction. Examples of automated system usage include employing scripts to send comments or messages.
  • Disrupt, interfere with, or impose an unreasonable load on the Website or the networks or services that are connected to the Website.
  • Using the username of another user or trying to pass as that user.
  • Transfer or sell your profile in another way.
  • Use any information you get from the website to harass, abuse, or hurt someone else.
  • Use the Marketplace Offerings in any attempt to compete with us, or in any other way make use of the Site and/or Content for a business venture that generates income.
  • Decrypt, decompile, disassemble, or reverse engineer any software that makes up or in any way is associated with the Site.
  • Make an attempt to get around any safeguards in place on the site that are intended to obstruct or limit access to it or any of its components.
  • Harass, irritate, intimidate, or threaten any of our employees or agents who are assisting you in receiving Marketplace Offerings.
  • Remove all copies of any notices of copyright or other property rights from the Content.
  • Reproduce or modify any software on the website, including but not limited to Flash, PHP, HTML, JavaScript, or other programming.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other materials, including excessive capitalization and spamming (repeatedly posting the same text), that obstruct anyone’s uninterrupted use and enjoyment of the site or that alters, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  • Upload or transmit (or attempt to upload or transmit) any content that functions as a passive or active information collection or transmission mechanism, such as clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, or other similar gadgets (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”), without limitation
  • Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, as well as using or launching any unauthorized script or other software, with the possible exception of results that may be generated by standard search engine or Internet browser usage.
  • Negatively portray us or the Site or cause any other harm in our opinion.
  • Use the website in a way that violates any rules or laws that might be in force.

USER GENERATED CONTRIBUTIONS

You may be invited to participate in chats, blogs, message boards, online forums, and other features on the Site, and you may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, “Contribution”). Other visitors to the website, buyers in the marketplace, and users of third-party websites might be able to view contributions. Therefore, any Contributions you send could be regarded as non-confidential and non-proprietary. You declare and guarantee the following when you develop or make any Contributions available:

1. Your Contributions are not and will not violate any third party’s intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, during their creation, distribution, transmission, public performance, access, download, or copying.

2. Your Contributions may be used by us, the Site, and other users of the Site in any manner permitted by the Site and these Terms of Use if you are the original creator and owner of them or you have the required licenses, rights, consents, releases, and permissions.

3. You have the written approval, release, and/or permission of every identifiable human person in your Contributions to use their name or likeness in order to include and use their Contributions in any manner permitted by the Site and these Terms of Use.

4. Your Contributions are true, accurate, and not deceptive.

5. Your Contributions do not constitute spam, chain letters, pyramid schemes, unsolicited or illegal advertising, solicitation, or other kinds of solicitation.

6. Your contributions are not inappropriate in any way, including being obscene, vulgar, lascivious, filthy, violent, harassing, libelous, or slanderous (as determined by us).

7. No one is intimidated, mocked, disparaged, or abuse in Your Contributions.

8. Your contributions do not call for the overthrow of any government by force or incite, promote, or convey threats of bodily damage to another.

9. No laws, rules, or regulations are broken by Your Contributions.

10. Your Contributions do not infringe on any third party’s right to privacy or to publicity.

11. Your Contributions do not include any content that sexually or violently exploits minors under the age of 18 or requests their personal information.

12. No laws pertaining to child pornography or other laws meant to safeguard the health or welfare of minors are broken by your contributions.

13. Your contributions do not contain any racial, ethnic, national, gendered, sexual, or physically-disabled-related insults.

14. None of the other provisions of these Terms of Use, any applicable laws or regulations, or any links to materials that do so, are violated by Your Contributions.

Your right to use the Site and the Marketplace Offerings may be terminated or suspended if you use them in a manner that is prohibited by the aforementioned or otherwise violates these Terms of Use.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license covers the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and any other personal and commercial pictures you give in any format, media, or technology now known or hereafter developed. You guarantee that no moral rights have been in any way else asserted in your contributions and you waive all moral rights therein.

Your Contributions are not our property, according to us. All of your contributions, as well as any associated intellectual property rights or other proprietary rights, remain wholly yours. We disclaim all responsibility for any assertions or representations made by you in any of your Contributions to the Site. You expressly agree to absolve us of any liability and to forgo taking legal action against us in connection with your contributions, which you are exclusively responsible for on the Site.

We reserve the right, at any time and for any reason, without prior notice, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to position them in more relevant areas on the Site; and (3) to pre-screen or delete any Contributions. We are not required to keep an eye on your contributions.

GUIDELINES FOR REVIEWS

We may present you sections on the website where you can submit reviews or ratings. The following requirements must be met while publishing a review: (1) You must have first-hand knowledge of the person or entity being reviewed; (2) Your reviews must not use vulgarity or abusive, racist, or hateful language; (3) Your reviews must not make any mention of discrimination on the basis of religion, race, gender, national origin, age, marital status, sexual orientation, disability, or nonfactual; (4) Your reviews shouldn’t allude to illegal activity; (5) If you post a negative review, you shouldn’t be associated with a competitor; (6) You shouldn’t draw any conclusions about the legality of behavior; (7) You can’t post any false or misleading statements; and (8) You can’t run a campaign to persuade people to post reviews, whether they’re positive or negative.

In our sole discretion, we may accept, reject, or remove reviews. Even if someone finds reviews unpleasant or false, we are under no obligation to screen or remove them. Reviews are not approved by us and may not reflect our views or the views of any of our partners or affiliates. We take no responsibility for any reviews or for any ensuing responsibilities, claims, or losses. By submitting a review, you hereby give us the right and license to use all reviews-related data in any way, including but not limited to reproduction, modification, display, performance, and/or distribution. This right and license is perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable.

MOBILE APPLICATION LICENSE

USE LICENSE

We grant you a revocable, non-exclusive, non-transferable, limited right to install the mobile application on wireless electronic devices you own or control and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use if you access the Marketplace Offerings through a mobile application. You must not do any of the following when using or accessing the application: (1) decompile, reverse engineer, disassemble, attempt to discover the source code, or decrypt the application; (2) make any modifications, adaptations, improvements, translations, or derivative works from the application; (3) violate any laws, rules, or regulations in connection with your access to or use of the application, (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us. (5) make the application accessible through a network or other setting that enables simultaneous access by numerous devices or users; (6) use the application to develop a good, service, or piece of software that is, directly or indirectly, in opposition to or a replacement for the application; (7) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (8) use any confidential information or any of our intellectual property.

APPLE AND ANDROID DEVICES

When you utilize a mobile application downloaded from either the Apple Store or Google Play (each a “App Distributor”) to access the Marketplace Offerings, the following conditions apply: (1) You are only allowed a non-transferable license to use our mobile application on devices running the Apple iOS or Android operating systems, as appropriate, and in compliance with the usage guidelines specified in the terms of service of the relevant App Distributor; (2) You acknowledge that each App Distributor has no obligation whatsoever to provide any maintenance and support services with respect to the mobile application, and that we are responsible for providing any such services as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law; (3) To the fullest extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Mobile Application. You may notify the applicable App Distributor in the event of any failure of the Mobile Application to conform to any applicable warranty, and the App Distributor, in accordance with its terms and policies, may refund the Purchase Price, if any, paid for the Mobile Application; (4) You affirm and guarantee that I you do not reside in a nation that is under a Trinidad and Tobago embargo or that the Trinidad and Tobago government has designated as “terrorist supporting,” and (ii) you are not on any prohibited or restricted party list maintained by the Trinidad and Tobago government; (5) When using the mobile application, you must adhere to any applicable third-party terms of agreement; for instance, if you use a VoIP application, you must not violate their cellular data service agreement; and (6) You understand and acknowledge that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

You can link your account with online accounts you have with third-party service providers (each of these accounts is referred to as a “Third-Party Account”) as part of the functionality of the Site by either: (1) utilizing the site to connect to your Third-Party Account; or (2) Permitting us to access your Third-Party Account as permitted by the specific terms and conditions that apply to each Third-Party Account and which you use. You affirm and warrant that you have the right to provide us with your third-party account login information and/or access to your third-party account, without violating any of the rules governing your use of the relevant third-party account, without charging us any fees, and without putting any restrictions on our use of the account by the third-party service provider. You acknowledge that by granting us access to any Third-Party Accounts, (1) we may access, make available, and store (as appropriate) any content you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is accessible on and through the Site via your account, including without limitation any friend lists and (2) To the extent that you are informed when you link your account with the Third-Party Account, we may send to and receive additional information from your Third-Party Account. Personal information that you upload to your Third-Party Accounts may be accessible on and through your account on the Site, depending on the Third-Party Accounts that you select and subject to the privacy settings that you have established in such Third-Party Accounts. Please be aware that Social Network Content might no longer be accessible on or through the Site if a Third-Party Account or related service is made unavailable or if the third-party service provider terminates our access to such Third-Party Account. You will always have the option to sever the link between your third-party accounts and your account on the Site. PLEASE NOTE THAT YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS GOVERN YOUR ONLY RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS.  We don’t try to check the correctness, legality, or non-infringement of any Social Network Content, and we don’t take any responsibility for any Social Network Content. You understand and agree that we may access your contacts list on your mobile device or tablet computer, as well as your email address book connected to a Third-Party Account, only for the purpose of identifying and informing you of contacts who have registered to use the Site. By contacting us using the details provided below or through your account settings, you can disable the connection between the Site and your Third-Party Account (if applicable). With the exception of the username and profile image that are linked with your account, we will make an effort to remove any information on our servers that was obtained through such a Third-Party Account.

SUBMISSIONS

You understand and agree that any inquiries, remarks, ideas, criticisms, or other information (collectively, “Submissions”) that you send to us regarding the Site or the Marketplace Offerings are non-confidential and will be the sole property of us. Without acknowledgment or payment to you, we shall possess all exclusive rights, including all intellectual property rights, and shall be permitted to use and disseminate these Submissions for any lawful purpose (commercial or otherwise). In addition to guaranteeing that any such Submissions are your original work or that you have the legal right to submit them, you hereby relinquish all moral rights to any such Submissions. You acknowledge that in the event that any alleged or actual infringement or misappropriation of a proprietary right in your Submissions occurs, you will have no legal recourse against us.

THIRD PARTY WEBSITES AND CONTENT

Links to other websites (“Third-Party Websites”), as well as articles, photos, texts, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from or belonging to third parties (“Third-Party Content”), may be found on the Site or may be sent to you via the Site or the Marketplace Offerings. We do not review, monitor, or check the accuracy, suitability, or completeness of any such Third-Party Websites or Third-Party Content, and we do not assume any liability or responsibility for any such Third-Party Websites or Third-Party Content that may be accessed through the Site or Third-Party Content that may be posted on, made available through, or installed from the Site, or for the truthfulness, offensiveness, opinions, or other characteristics of or contained in such Third-Party Websites. No approval or endorsement by us is implied by the inclusion of, linking to, or allowing the use or installation of any Third-Party Websites or any Third-Party Content. You do so at your own risk and should be aware that these Terms of Use no longer apply if you choose to exit the Site, access Third-Party Websites, or use or install any Third-Party Content. If you visit to any website through the Site or use or install any programs from the Site, you should examine the appropriate terms and policies, including privacy and data gathering practices. We accept no liability for any transactions you make through Third-Party Websites since they are solely between you and the relevant third party. Any purchases you make through Third-Party Websites will be through other websites and from other businesses. You accept and agree that we do not support the goods or services advertised on Third-Party Websites, and you agree to indemnify us for any damage resulting from your purchase of such goods or services. Furthermore, you agree to indemnify us from any losses you may incur or injury you may suffer connected with or resulting from any contact with third-party websites or any third-party content.

ADVERTISERS

In some places of the website, such as sidebar or banner adverts, we permit advertisers to show their ads and other content. If you are an advertiser, you are entirely responsible for any advertisements you post on the website, as well as any services you offer or goods you promote. Additionally, in your capacity as an advertiser, you warrant and represent that you have all necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertisements on the Site. We have no other interaction with advertisers other than to provide the platform for such adverts.

SITE MANAGEMENT

In our sole discretion, we reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who violates either the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) deny, restrict access to, limit the availability of, or disable (to the extent technically possible) any of your Contributions or a portion of them at our sole discretion and without restriction; (4) to disable or delete from the Site any files or content that are excessively large or otherwise burdensome to our systems, at our sole discretion, without restriction, notice, or liability; and (5) otherwise manage the Site in a way that promotes the proper operation of the Site and the Marketplace Offerings while safeguarding our rights and property.

PRIVACY POLICY

Data security and privacy are important to us. Visit https://wiishoppe.com/privacy-policy/ to view our privacy statement. You consent to be governed by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site or the Marketplace Offerings. Please be aware that Trinidad and Tobago is where the website and marketplace offerings are housed. Through your continuing use of the Site, you represent that you are not accessing the Site or the Marketplace Offerings from any jurisdiction where the applicable laws regarding the collection, use, and disclosure of personal data are different from those in Trinidad and Tobago. You consent to having your data transferred to and processed in Trinidad and Tobago and are transferring it to the country.

COPYRIGHT INFRINGEMENT

We honor other people’s rights to their intellectual property. Please contact us right away using the details listed below (a “Notification”) if you feel that any content on or accessible through the Site violates any copyright you may have. The individual who posted or stored the content mentioned in your notification will receive a copy of it. Please be aware that if you make serious misrepresentations in a Notification, you may be held accountable for damages under relevant law. Therefore, you should think about first contacting an attorney if you are unsure if any content on the Site or one of its links violates your copyright.

TERM AND TERMINATION

While you use the Site, these Terms of Use will continue to be in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to refuse access to and use of the site and the marketplace offerings at our sole discretion, without prior notice or liability (INCLUDING BLOCKING CERTAIN IP ADDRESSES), INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, TO ANY PERSON FOR ANY REASON OR FOR NO REASON. At any time, without prior notice, and at our sole discretion, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED.

You are forbidden from registering and setting up a new account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason. We reserve the right to pursue appropriate legal action, including without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.

MODIFICATIONS AND INTERRUPTIONS

The Site’s contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Additionally, we have the right to change or stop offering any or all of the Marketplace Offerings at any time and without prior notice. Any time the Site or the Marketplace Offerings are changed, suspended, or discontinued, we won’t be held responsible to you or any other person.

We can’t promise that the Site and the Marketplace Offerings will always be accessible. We might encounter hardware, software, or other issues or need to carry out maintenance on the Site, which would cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to alter, amend, update, suspend, discontinue, or otherwise change the Site or the Marketplace Offerings. You acknowledge and agree that in the event of any outage or discontinuation of the Site or the Marketplace Offerings, we shall not be liable in any way for any loss, damage, or inconvenience resulting from your inability to access or use the Site or the Marketplace Offerings. Nothing in these Terms of Use shall be interpreted as requiring us to provide any updates, releases, or corrections in connection with the Site or the Marketplace Offerings.

GOVERNING LAW

The laws of Trinidad and Tobago, which are applicable to contracts made and to be wholly performed inside Trinidad and Tobago, without regard to its conflict of law rules, shall govern these Terms of Use and your use of the Site and the Marketplace Offerings.

DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least thirty (30) days before commencing arbitration in order to expedite resolution and manage the costs of any dispute, controversy, or claim related to these terms of use (each a “Dispute” and collectively, the “Disputes”). Following written notice from one party to the other, such informal conversations begin.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice

DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: 

Tremendous Mnds Technologies
162 Park Avenue Point D’or
La Brea
Trinidad and Tobago
info@wiishoppe.com