Terms and Conditions
Effective Date: 1 August 2023
Please read these terms and conditions carefully before using Our Service. The documents listed below are incorporated by reference as if they were written here and form part of these Terms and Conditions. Therefore, these documents should also be read:
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Barbados
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Law Firm (referred to as either “the Firm”, “We”, “Us” or “Our” in this Agreement) refers to Altus Chambers, Mount Standfast, St. James, Barbados.
Service refers to the Website.
Terms and Conditions of Use of Service (also referred as “Terms” or “Terms and Conditions” or “Terms of Service”) mean these Terms and Conditions that form the entire agreement between You and the Firm regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to ALTUS, accessible from https://altuschambers.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Firm. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Service is not targeted towards, nor intended for use by any person under the age of eighteen (18) years. By using the Service, You represent and warrant to the Firm that: (a) You are 18 years of age or older; or (b) You otherwise have sufficient legal consent, permission and capacity to use the Service in applicable jurisdiction(s) as determined by you.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Firm. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Registration and Accounts
To access the Services, You may be required register for an account (“Account”). When You register for Your Account, you may be required to provide Us with some information about yourself, such as Your Name, Address, and Contact Information, and you may also provide optional information about yourself on a voluntary basis. Account information, and Our use and disclosure thereof, is subject to the Privacy Policy. The Firm may terminate any Account at any time, at Our sole discretion.
Links to Other Websites
Our Service may contain links to third-party websites, services or other resources on the Internet that are not owned or controlled by the Firm. When you access third party resources on the Internet, you do so at your own risk.
The Firm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third party. To the fullest extent permitted by law, the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may, in our sole discretion, without prior notice or liability, refuse to provide or continue providing the Service to any person or entity and change eligibility criteria at any time, including if you fail to comply with Our Terms and Conditions. We reserve the right, without prior notice or liability, to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Service at any time, for any period, at our sole discretion.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Firm and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 BDS if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Firm or its suppliers be liable for any special, incidental, indirect, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits, goodwill, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Firm or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Firm, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Firm provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Firm nor any of the Firm’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Firm are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The Laws of the Republic of Barbados, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, domestic, state, national, or international laws.
Dispute Resolution and Arbitration
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Firm.
In the event that the dispute cannot be resolved between You and the Firm directly, You and The Firm agree that every such dispute arising in connection with this Terms and Conditions will be resolved by binding arbitration.
This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Terms and Conditions, if applicable. You understand and agree that, by entering into this Terms and Conditions, you and the Firm are each waiving the right to a trial by a judge or jury or to participate in a class action.
Nothing in this Terms and Conditions will waive, preclude, or otherwise limit the right of either party to bring an individual action in small claims court.
Any arbitration between you and the Firm will be settled under Arbitration Act Chapter 110 of the Laws of Barbados and administered by the Arbitration & Mediation Court of the Caribbean (“AMCC”) under its AMCC International Arbitration Rules OR AMCC Non-International Arbitration Rules (collectively, “AMCC Rules”) as modified by this TOS. The AMCC Rules and filing forms are available online at https://amcconline.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by Registered Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Firm’s address for notice is:
Altus Chambers
“SandiCourt”
Mount Standfast
St. James
Barbados, 24017
The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, You or the Firm may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by You or the Firm must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Any arbitration hearing will take place at a location to be agreed upon in Barbados, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth Supreme Court (Civil Procedure) Rules 2008 of the Laws of the Republic of Barbados), then the payment of all fees will be governed by the AMCC Rules. In that case, you agree to reimburse the Firm for all monies previously disbursed by it that are otherwise your obligation to pay under the AMCC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You and the Firm agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and the Firm agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If any portion of this Arbitration Clause is found to be unenforceable, then that portion will be null and void and the remainder of this Arbitration Clause will reasonably remain in effect.
Indemnification
To the fullest extent permitted by law, You are responsible for Your use of the Service, and You shall defend, indemnify, and hold harmless us and our principals, partners, employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your access to or use of the Service, including your breach of these Terms and Conditions or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that:-
(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: contact@altuschambers.com
By visiting this page on our website: http://altuschambers.com/contact.