We welcome you to RedBarrel.com and/or its affiliates. Your use of the RedBarrel, its software, applications and other features to shop and pay for products or services is subject to the Terms and Conditions (hereinafter Terms) set out hereunder. These Terms shall govern the relationship between RedBarrel (hereinafter we, us our and the company) and the Customer, (hereinafter referred to as you, your, when you use any of the RedBarrel Services (a term defined hereinbelow) and shall constitute legal and binding obligations on the parties. You understand and expressly consent that your access to the Services within RedBarrel are governed by these Terms. We will give you thirty (30) days’ notice in the event that we wish, in our sole discretion, to change these Terms. Your continued use of the Services after the notice period will be deemed acceptance to amended or updated Terms. Notice will be communicated to you through the email address you provided during signup as well as on the RedBarrel.com website. If you do not agree to any of these Terms please do not use the Services.
2. Incorporated Terms
3. The Service
The RedBarrel website and all of its features are designed to allow you to access and use the RedBarrel System and all other services that are ancillary to your use of the System including but not limited to the browsing, sale, purchase of products and services displayed on the RedBarrel website (hereinafter referred to as the “Service”).
You must register with RedBarrel as a user for you to access some of the Services. You acknowledge that the Services may vary depending on your geographical location and jurisdiction and we reserve the right to exclude and deny you the use of certain features of the Service at our sole discretion, or restrict your use and access subject to certain additional terms.
When using the Service, you shall comply with all applicable laws and regulations.
RedBarrel grants the Customer a personal, limited, as is, non-transferable, non-sub licensable, non-exclusive license to access and make use of the RedBarrel Services provided that such access and use shall be non-commercial and is subject to you fulfilling your obligations under these Terms including all payment obligations. Any rights that have not been expressly granted to you in these Terms are hereby retained and reserved for RedBarrel and its partners and suppliers.
5. Intellectual Property
All intellectual property, industrial property or intangibles however they may be recorded including: (i) works of authorship; (ii) trademarks, trade names, service marks, logos and other proprietary designations and the goodwill associated therewith; (iii) trade secrets; (iv) patents, designs and algorithms; (v) other intellectual and industrial property of every kind and nature; and (vi) applications, registrations, renewals, extensions, continuations, divisions, reissues or amendments thereof now or hereafter in force and the rights derived therefrom (hereinafter RedBarrel Intellectual Property Rights relating to the RedBarrel Service shall is owned, retained and vests in RedBarrel and its licensors. RedBarrel, its licensors, partner and Suppliers own and retain all right, title and interest, in their respective intellectual property.
6. Third party Intellectual Property
A Customer that believes that it intellectual property has been breached should make content RedBarrel by submitting its claim via e-mail at email@example.com.
7. Your RedBarrel Account and Content
You are responsible for all charges and fees related to your account with RedBarrel and all activities undertaken through your account. You should take all steps necessary to safeguard your access to your RedBarrel account and use of the RedBarrel Services including taking measures to protect your login and password information. Any purchases made using the Service shall be deemed a legitimate request from the you to whom the RedBarrel account is registered. You may review products and services, Sellers by posting content including written comments or pictures provided that RedBarrel shall have the right to take down any content that (i) is not true, accurate, complete and lawful; not be false, misleading or deceptive (ii)contains information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age(iii) is in breach of RedBarrel or a third party’s rights (iv) is in violation of the laws of the territory in which RedBarrel Services are available. RedBarrel shall display your name or other information that identifies you to RedBarrel which you have provided alongside the content that you post. You hereby consent to indemnify and hold RedBarrel harmless of any claims that may arise as a result of your breach of this Terms, any third party rights or Territorial laws. Where you post any content, you hereby grant RedBarrel a worldwide, royalty-free, non-exclusive, irrevocable, perpetual right that RedBarrel may sub-licence to display, modify, use, publish, perform, translate, reproduce, adapt, create derivative works from and distribute, and such content in any media.
8. Purchasing Rules
When using the Services you agree to that (i) you are above the contractual age in your respective territory (ii) you are responsible for reading the full item listing before purchasing the product or service(iii) you enter into a legally binding contract to purchase an item when you commit to purchase it (iv) you enter into a contract with the Seller (v) you shall not use the Service to purchase illegal or prohibited products and services (vi) it is not our obligation to transfer legal ownership to you to the Seller. RedBarrel is unable to confirm the price of a product or service until such time as you have placed our order. While we endeavour to ensure that that price reflected on your final order page is the actual price, in limited circumstances, the price may be inaccurate. Upon consulting the Seller we shall take the decision, at out sole discretion, to contact you with further instructions on the order you have placed. Where we cancel your order, your credit card shall not be charged. You are aware that every Seller may have its own policy as it relates to mispriced products and services. Generally, your credit card is not charged until such time as an order has been processed through the RedBarrel Service. You acknowledge that in conducting any purchase transaction, you assume the risks of liability or harm arising from your activities including those relating to the products or services.
You grant RedBarrel permission to (i) receive on your behalf any eBay email associated with orders placed on the RedBarrel.com website and (ii) provide any eBay Order Confirmation email as an invoice when requested by Customs Authorities in the country of final destination.
9. Shipping Rules
All products and services purchased through RedBarrel Service are shipped pursuant to a shipping agreement between you and the shipper. As a Buyer, you agree to comply with the shipper’s terms and condition found here. RedBarrel shall not be liable for the breach of any terms between you and the shipper. As a Buyer, the shipper requires us to inform you that your shipping costs are split into shipping costs and duties/taxes due to taxing authorities in your jurisdiction. You will receive fully landed cost estimation upon checkout which cost will include the price of the purchase items, the estimated duties and taxes and the transportation services (excluding domestic transportation charges). You will pay these costs at checkout.
As a Buyer, you will pay to the shipper such territorial duties and taxes, such payment to be made to the shipper upon receipt of your shipment. Your duties and taxes may increase or decrease depending on your jurisdiction’s tax laws. Such changes shall be reflected on your invoice which the shipper shall provide prior to delivery. Please consult the shipper’s full terms and conditions here.
The shipper requires us to notify Buyers that you may elect to take the Shipment Value Protection (“SVP”). SVP is an additional service, should you elect the SVP option you will pay a percentage of the declared shipment, which amount will be put towards protection of your shipment. You may opt out of this service at any time. You can find out more about the SVP service on the shipper’s website here.
You hereby appoint and authorize Ebox Logistics Inc. to act as authorized agent for export control, U.S. Customs, and Census Bureau purposes to transmit such export Information electronically that may be required by law or regulation in connection with the exportation or transportation of any good on your behalf upon making each order. You understand that civil and criminal penalties may be imposed for making false or fraudulent statements or for the violations of any regulations within your territory and within the exporter territory.
As a RedBarrel Account holding seller or shipper, you agree that you shall comply with all applicable laws including but not limited to the security and safety of the RedBarrel Account holder information and that you shall fulfil your obligation as the Merchant of Record.
We have no obligation to provide technical support under these Terms, will notify you at our discretion of available Service updates or upgrades. Some updates/upgrades may be optional and some may be mandatory in order to access and use Service, maintain Service compatibility, provide security updates or bug fixes or offer new features, functionality or versions. You acknowledge that such changes do not constitute changes to the conditions of the Service
12. Data and Privacy
13. Third Party Applications
The Service includes delivery, update and/or recommendations to third party applications or content (collectively, Third Party Content). Any use by you of Third Party Content that is available via the Service is subject to the terms and conditions of any such Third Party Content. You acknowledge that we have no control over and assume no responsibility for Third Party Content. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. We have no obligation to examine, review or monitor Third Party Content and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content.
REDBARREL DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED -ERROR-FREE OR OPERABLE AT ALL TIMES OR DURING ANY DOWN TIME INCLUDING THOSE (A) CAUSED BY OUTAGES TO ANY NETWORKS OR SERVERS, (B) CAUSED BY ANY FAILURES OF YOUR APPLICATION, EQUIPMENT, SYSTEMS OR LOCAL ACCESS SERVICES, (C) FROM PREVIOUSLY SCHEDULED MAINTENANCE OR (D)RELATING TO EVENTS BEYOND REDBARREL’S CONTROL. THE REDBARREL SERVICE IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. SAVE AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR APPPLICABLE LAW. REDBARREL DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT AND EXPRESSLY STATED IN THESE TERMS. SAVE FOR ANY LIABILITY THAT REDBARREL MAY HAVR UNDER THE INDEMNIFICATION PROVISIONS BELOW, IN NO CIRCUMSTANCES SHALL REDBARREL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, RELIANCE, OR SPECIAL LOSS OR DAMAGES OR FOR LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY OR LOST PROFITS OF ANY KIND.
Unless expressly stated otherwise, you agree to indemnify, defend, and hold harmless Digicel, RedBarrel, its affiliates and their respective officers, directors, employees, agents, representatives and independent contractors from and against any claims brought by a third party or RedBarrel Account holder and will pay any losses arising in connection with any such claim arising out of or relating to and you agree to indemnify and release Digicel and RedBarrel from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with your breech or use of the RedBarrel website and Services.
You may not use any device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the RedBarrel Service or any content on the application. You may not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the RedBarrel website or to any RedBarrel server, or to any of the services offered on or through the RedBarrel Site. You may not probe, scan or test the vulnerability of the Service, nor breach the security or authentication measures .You may not reverse look-up, trace or seek to trace any information on any other users of the Service. You may not represent that you are someone else, or impersonate any other individual or entity or manipulate information in order to use the Service. You shall not use the Services and your RedBarrel Account to conduct activities which are identical or similar to RedBarrel or in a manner that is in breach of our terms and conditions or existing applicable law.
17. Prohibited Item
You shall not purchase any illegal items or prohibited items through the RedBarrel Service. A non-exhaustive list of prohibited and restricted products and services can be found here. For information from the Shipper on Prohibited Items see here.
If we have reason to believe that you are in breach of these Terms, any other RedBarrel terms, or applicable law, we may at our discretion and notwithstanding any other rights due to us under the law, suspend, terminate or limit the use of your RedBarrel Account. Neither Digicel nor RedBarrel shall be liable to you or any other person in the event that we take such action.
19. Independent Contractors
We shall remain independent contractors from you and no relationship, including partnership and joint venture, will be deemed to exist between us. Through the use of the RedBarrel website, we provide an electronic web-based platform and system to facilitate the exchange of information between the buyer, seller and other third parties such as the shipper. We do not represent any of the parties and are therefore not responsible or liable for any of the activities that are the responsibility of any of the parties using the Service including your ability to complete a sale, make a purchase, and ensure that products and services ordered reach a particular destination.
20. Governing Law
Your use of the RedBarrel service subject to the laws of St. Lucia, without regard to principles of conflict of laws. Any disputes concerning the construction or interpretation of these Terms and use of the Service, which are not resolved through good faith and as per our Dispute Policy, may be submitted to the appropriate courts in St. Lucia
You hereby waive to the fullest allowable under the laws of St. Lucia (i) any right you may have to a trial by jury in any legal proceeding (ii) any and all rights to a class action.
You shall sent all notices and communication to the email addresses or submit the same through the portals provided in these Terms. All other notice, request or communication shall be given in writing and will be deemed to be given when actually received if delivered personally or four (4) business days if sent by certified or registered mail where such notice is served from St. Lucia. You must address such notices to:
RedBarrel Chief Executive Officer
Digicel Caribbean Limited,
1st Floor, Financial Centre
Bridge Street, Castries, St. Lucia
(Terms and Conditions Updated - February 28, 2018)