Terms and conditions
Thank you for visiting gonebananastt.com. Please review the following rules that govern the use of our site. References to “we”, “us” or “our” throughout gonebananastt.com (“the Website) are to Gone Bananas. Access to and use of the website and the products and search services available throughout this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Term of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time.
Your submission of an order represents an offer to purchase the Goods indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Gone Bananas shall not be obliged to sell you those goods.
When making a purchase you undertake that all details you provide to us requesting goods are true and accurate, that you are an authorized user of the credit card or debit card used to make your purchase and that there are sufficient funds to cover the cost of the goods. It is your responsibility to inform us of any changes to these details as soon as possible.
You WILL NOT: commit or encourage a criminal offence, send or receive an material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt date; cause annoyance to other Users; infringe upon the rights of any other person’s trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “Spam”; or attempt to affect the performance of functionality of any computer facilities of or accessed through Gone Bananas Website.
Disclaimer of Liability
While we will do our utmost to verify the accuracy of any information we place on the website, we make no guarantees, whether express of implied to its accuracy. We make no guarantee that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
Unless expressly stated to the contrary to the fullest extent permitted by law Gone Bananas, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites, even if Gone Bananas had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statue, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless Gone Bananas it’s directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of Gone Bananas property right and any other right of any person or entity or your breach of any duty of confidence or privacy or any defamatory statements made by you in any form.
Variation of Content
Gone Bananas shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Governing Law and Jurisdiction
The Conditions shall be governed by and construed in accordance with the laws of Trinidad & Tobago and you irrevocably submit to the exclusive jurisdiction of the courts of Trinidad & Tobago.
The above Terms of Service constitute the entire agreement of the parties and supersedes any and all preceding and contemporaneous agreements between you and Gone Bananas. Any waiver of any provision of the Terms of Service will be effectively only if in writing and signed by the Directors of Gone Bananas.