Terms and Conditions
Shop.bs provide products or services to you subject to the following conditions. If you visit or shop through our website, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
1. Your Acceptance of the Terms
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the website ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
2. Electronic Communication
The communications between you and Shop.bs are electronic. You consent to receive communications from Shop.bs in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. Your Privacy
4. Certain Conditions Placed on Your Use of the Website and Services
Your permission to use the website and/or Services is conditioned upon your agreement that you:
- are 18 years of age or older;
- will comply with these Terms;
- are able to form a binding contract with us;
- are not prohibited by law from accessing our website and/or Services or have not previously been banned, terminated or otherwise denied access to our website and/or Services by us;
- are not acting on behalf of a person whose access to our Website and/or Services has been previously terminated or otherwise denied by us;
- will not impersonate another user of the Website and/or Services.
5. Your Account
You will need to register by creating an account with Shop.bs (either by registering directly with us or by allowing a Shop.bs application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Shop.bs Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Shop.bs may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
Shop.bs relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our website or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
6. Products and Services
Shop.bs provides consumers with opportunities to purchase certain products and services from suppliers across The Bahamas. The promotion of Products and Services works as a form of advertisement by Shop.bs.
By purchasing, printing, accepting, using or attempting to use any Product or Service, you agree to these Terms.
Some categories of Product and Services have special terms that vary from the general terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Products and Services will be set forth in a separate note.
How it Works
By placing an order for a given Product or Service, you are agreeing to purchase the Product or Service you have selected on the terms, restrictions and conditions associated with the same. Once you have placed your order, you will receive a confirmation of the purchase and your credit card or other payment mechanism will be charged for the amount of the purchase.
You are required to create an Account in order to purchase any Product or Service so we can collect information to allow you to pay for your purchase and so we can provide you with easy access to print your account, view your past purchases and modify your preferences.
Returns and Refunds
The Returns policy for any product or service will always be stated at the time of purchase. Please review our current Returns Policies.
We want you to be happy with your Shop.bs experience. If You have trouble finding a Product or a Service for any reason, please contact us so we can work with the Suppliers to resolve Your issue.
The supplier of the Products and Services and is solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or not, as well as for any unclaimed property liability. Unless otherwise indicated in a Product or Service, Shop.bs is solely the marketer of the Suppliers’ goods or services, and may from time to time engage third parties or affiliates to administer management on behalf of Suppliers. You hereby irrevocably waive all rights related to, and release Shop.bs and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Supplier in connection with your use or the products and/or services it provides in connection with it.
Some Products and Services are not available for purchase beyond certain geographical and jurisdictional boundaries. Shop.bs reserves the right, in its sole discretion, to exclude or otherwise limit the websites, the Services or any other product or service. Shop.bs does not represent or warrant that any product or service promoted on the website will be available for purchase by any particular person. Some of our Product and Services are limited in number. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
We display prices on our Website in connection with each Product or Service. These are calculated based upon certain pricing information provided to us solely by the Suppliers, which may include the retail price suggested by the manufacturer or supplier, or an estimated price based on standard industry practice.
The price of Products and Services will be as quoted on our Website from time to time, except in cases of obvious error. Shop.bs strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. Shop.bs reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Shop.bs will notify you by email. In addition, Shop.bs reserves the right, at its sole discretion, to correct any error in the stated full retail price.
7. Other Services
In addition to our great Products and Services, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.
We may from time to time offer you (and your friends) the opportunity to obtain time-limited promotional codes for discounts or credits to Shop.bs ("Promo Codes") by referring your friends to the Website through our Refer-A-Friend program (the “RAF Program”). To participate in the RAF Program, we may ask you to refer friends by various means, that may include distributing your own personalized signup links or directly providing us with the email addresses of the friends you wish to refer to us. If an email is provided, we will then send your friends an email, the contents of which you will get to see before we send it out. The email or signup page linked from personalized link will explain the RAF Program, invite them to sign up with Shop.bs. The specific terms of each RAF program opportunity may differ and will be identified at the time of activation. Referrers may earn up to a maximum amount of B$50 in Promo Codes per month. Promo codes will be time-limited promotional codes, may be subject to additional use limitations, and have no cash value.
Shop.bs reserves the right to change, modify and/or discontinue the RAF Program, in whole or in part, in its sole discretion, at any time and without notice.
8. Ownership of the Website and Services
The Website and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Website and/or Services (collectively, the "Content") are owned, controlled or licensed by Marketing Rewards Limited, a company registered in The Commonwealth of The Bahamas under company number 76745C whose registered office is at Sassoon House, Shirley Street & Victoria Avenue P. O. Box N-272 Nassau, Bahamas.
The entire contents of the Website and/or Services (including the Content) are copyrighted under The Commonwealth of The Bahamas copyright laws and/or similar laws of other jurisdictions. Without limitation, Marketing Rewards Limited owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Website and/or in the Services. Trademarks and service marks, including, without limitation, “Shop.bs,” which appear on the Website and/or in the Services are the service and trademarks of Shop.bs or affiliated entities. Without Marketing Rewards Limited prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Shop.bs or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Marketing Rewards Limited, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Website and/or Services.
10. Your Access to the Website and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Website and/or Services. You are expressly prohibited from:
- any resale or commercial use of the websites, the Services, the Contents and/or any of the other contents or materials found thereon;
- any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Shop.bs or the Merchants featured hereunder or any commercial purpose, including marketing;
- any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
- deep-linking to any portion of the Site;
- framing or utilizing framing techniques to enclose any portion of the website without express written consent;
- using the Website and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- attempting to gain access to secured portions of the Website and/or Services to which you do not possess access rights;
- using the website and/or Services to generate unsolicited email advertisements or spam; or
- using any automatic or manual process to search or harvest information from the Website and/or Services, or interfering in any way with the proper functioning of the website and/or Services.
Any unauthorized use of the websites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of Shop.bs.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
11. Third-Party Links and Contents
12. Information and Content Submitted by You
The Website and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Website and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. Shop.bs reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Website and/or Services are those of the respective author(s) or distributor(s) and not of Shop.bs.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Shop.bs a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Shop.bs and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Shop.bs for all claims resulting from User Content you supply. Shop.bs takes no responsibility and assumes no liability for any User Content posted by you or any third party.
13. Product Submissions
Shop.bs does not accept unsolicited submissions for business ideas, websites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Shop.bs (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Shop.bs through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to Shop.bs the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with Shop.bs, you may do so by: (A) notifying Shop.bs through https://www.Shop.bs or (B) closing your Accounts for all of the Services that you use.
Shop.bs may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Shop.bs is required by law to do so; (iii) the partner with whom Shop.bs has offered the Services to you has terminated its relationship with Shop.bs or ceased to offer the Services to you; (iv) Shop.bs no longer provides Services where you reside; or (v) Shop.bs determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, Shop.bs reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Shop.bs may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Shop.bs, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Website and Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
15. Exclusion of Warranties
WE PROVIDE THE WEBSITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Websites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MARKETING REWARDS LIMITED WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETING REWARDS LIMITED AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM SHOP.BS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SHOP.BS REPRESENTATIVE SHALL CREATE A WARRANTY.
16. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETING REWARDS LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE WEBSITE AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE MARKETING REWARDS LIMITED FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
19. Arbitration of Disputes Governed By Arbitration
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Shop.bs shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or Shop.bs customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in The Commonwealth of The Bahamas.
18. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless Marketing Rewards Limited and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Shop.bs; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defence and indemnification obligation will survive the termination of this Agreement and your use of the Website and/or Services.
Marketing Rewards Limited reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Website and from any claims related to the conduct of any other customers of ours or any Merchants.
19. Applicable Law
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and Shop.bs that arises out of this Agreement shall be governed by the laws of The Commonwealth of The Bahamas without regard to conflict of law principles, except that the arbitration provisions.
20. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Website and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
21. Entire Agreement, Changes to this Agreement and Waivers
22. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND SHOP.BS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SHOP.BS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Website and/or Services immediately.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.