Last Modified: May 15, 2018
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The Website is not designed for use by persons under the age of 18 years. In the event that you are under 18 years of age, you confirm that you have obtained the consent of your parent or legal guardian to enter into any binding agreement with the Company and to take responsibility for: (i) your actions; (ii) any charges associated with any bookings you make through our Website; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site immediately. If you are entering into this agreement on behalf of an entity, you represent that you are authorized to enter into legally binding contracts on behalf of such entity.
By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
- How the Website works
The Website makes it easier for Consumers to find tour and travel service providers in and around Saint Lucia. Local businesses operating in the tourism industry, including but not limited to Hotels, Tour Operators, Guides, Restaurants (collectively referred to as “Service Providers”) can easily list their businesses at www.bellecarib.com and Consumers can find and review their services for free.
PLEASE NOTE THAT THE COMPANY DOES NOT DIRECTLY OFFER ANY TOUR AND TRAVEL SERVICES TO CONSUMERS AND WE DO NOT SUPERVISE, DIRECT OR CONTROL ANY SERVICE OFFERED THROUGH THE PLATFORM, OR ACT AS AGENT ON BEHALF OF THE CONSUMERS OR SERVICE PROVIDERS LISTED ON THE PLATFORM. YOU UNDERSTAND THAT WE CANNOT GUARANTEE THE QUALITY OF ANY SERVICE RENDERED BY A SERVICE PROVIDER YOU FOUND THROUGH THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OR RELATED TO YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH THE WEBSITE. ALL SERVICE AGREEMENT ARE BETWEEN THE CONSUMERS AND THE SERVICE PROVIDERS. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER ANY AGREEMENT BETWEEN THE USERS. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THIRD PARTY CONTENT ON THE WEBSITE. ACCORDINGLY, ANY DECISION TO PURCHASE A PRODUCT OR SERVICES THROUGH THE SITE WILL BE MADE BY THE USER AT THEIR OWN RISK.
Unless explicitly specified otherwise, Our responsibility is limited to facilitating the availability of the Platform.
- Payment, Cancellation and Refund Policy
- User Verification
The Company does not verify Service Providers identity and is unable to confirm that they are who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information. We cannot guarantee that information provided by them is accurate and free from any misrepresentation. When interacting with other Users, You should exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons whom You don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, ILLNESS OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES OFFERED BY THE PLATFORM.
- Public Areas
The Platform may contain profiles, email systems, blogs, message boards, business listings, chat areas, and/or other message or communication facilities (“Public Areas”) that allow You to communicate with other Users. You may only use such community areas to send and receive information that is relevant to the applicable forum.
Please note that any and all submissions made to Public Areas will be publicly visible and that You will be publicly identified by Your login credentials when communicating in Public Areas. The Company will not be held responsible for the actions of any Users with respect to any information or materials posted in such Public Areas.
- User Conduct
Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website and its partners: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
Users are prohibited from interfering or attempting to interfere with the security of our Platform, which includes but is not limited to:
- accessing data which is not intended for you or by logging into an account which you are not authorized to access;
- probing, scanning or testing the vulnerability of our system and/or our network;
Violations of system or network security may result in civil or criminal liability.
Specific Restrictions on Rights to Use
In addition to the above, the users shall not:
- modify, adapt, translate, or reverse engineer any portion of the Website;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website and on the products showcased on the Website;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for crawling the Website, unless it is aimed to improve the current website, and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
- collect any information about other Users (including usernames and/or email addresses) for any purpose;
- reformat or frame any portion of the web pages or our Service offerings on the Website without express written consent of the Company;
- create user accounts by automated means or under false or fraudulent pretences;
- create or transmit unwanted electronic communications such as “spam” to other Users of the Website or otherwise interfere with other User’s or Visitor’s enjoyment of the Website;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Website;
- transmit any viruses, defects, Trojan horses or other items of a destructive nature;
- use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Website for other than your own use;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Website’s IT infrastructure;
- Remedies with the Company
You understand and agree that the Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We reserve the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website.
The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action and involve the law enforcement authorities in prosecuting Users who are involved in such violations.
- Account Registration and Access
You may browse the Website and view content without registering, but as a condition to using certain aspects of our Service you may be required to sign up on the Website by providing us with the required information. You agree that you will provide us with accurate and current information when registering with the Website and you agree to keep such information up-to-date. Any failure on your part to provide us with the aforementioned accurate and current information shall constitute a breach of these Terms. In the event of such breach, we reserve the right to immediately terminate your account. We reserve the right to refuse an account registration in our sole discretion. You hereby accept and agree that you are solely responsible and liable for any activity that occurs on your account. You further accept and agree that You shall be responsible for maintaining the confidentiality of your Sign in credentials on the Website. You agree that you will never use another User’s account without their prior express permission. Furthermore, you agree to immediately notify Us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.
We may access your account and the information that you have provided, for any support or maintenance purposes or for any security issues or business reasons that we see fit.
- Content made accessible by the Website
The Website cannot guarantee the authenticity of any content or data which Users may provide about themselves or about any Services listed on the Website through recommendations, ratings or reviews. You hereby accept that you use the Website and access any content provided therein at your sole risk and you will be solely responsible and liable for any loss that may arise as a result there-from. For purposes of these Terms, the term “Content” includes, without limitation, any business listing showcased on the website or any comments, ratings, reviews, recommendations, data, text, photographs, videos, graphics, and interactive features generated, provided, or otherwise made accessible by the Website. Content added, created, submitted, listed, posted or otherwise made available by Users of the Website to the Company, either online or offline through any means including but not limited to emails and cloud storage using third-party platforms, is collectively referred to as, “User Submissions”.
We may use your User Submissions in a number of different ways in connection with the Website as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it. By submitting User Submissions on the Website, you hereby do and shall grant the Website a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the Website (and its successors and assigns’), including without limitation for promoting and redistributing part or all of the Website. You grant each user of the Website, a non-exclusive license to access your User Submissions through the Website.
You further represent that you have all the rights to grant such license to us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such Content originated; that the Website will not be liable for any errors or omissions in any Content; and that the Website cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend a User’s access to the Website (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify a User for any loss or/and damage or/and costs or/and expense that s/he may suffer or incur, as a result of such deactivation or/and suspension.
- No Liability for User Conduct
If you enter into correspondence or engage in commercial transactions with any Service provider / business listed on the Website, such activity would be solely between you and that third party. The Company will not be liable or have any responsibility for any such activity.
You accept that We have no control or duty to take any action regarding: the Service you acquire through the Website; the effects such Service has on you; how you may interpret or use such Service; or any actions that you may take after having been exposed to the Service.
You release the Company from all liability for you having acquired or not acquired a Service through the Website. We make no representations concerning any Content contained in or accessed through the Website, and the Company will not be responsible or liable for the accuracy, copyright compliance, availability, legality or decency of any material contained in or accessed through the Website.
You understand that we do not, in any way, screen Users. In no event shall we be liable for any damages whatsoever, arising out of or relating to your conduct or anyone else in connection with the Website/Service.
The Website, service, content and add-to link are provided to you “as is” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
(a) the Website will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the Website is free of viruses or other harmful components; or
(d) the results of using the Website or Business listings showcased therein will meet your requirements.
You accept that your use of the Website is solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
- Limitation of Liability
All liability of the Company, its directors, employees, agents, representatives, partners or suppliers howsoever arising for any loss suffered as a result of your use of the site, services, user submissions or add-to link is expressly excluded to the fullest extent permitted by law.
In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners or suppliers to you for all damages, losses and causes of action arising out of or relating to these terms, your use of the Website or your interaction with other Users (whether in contract, delict including negligence, warranty or otherwise) with respect to the site, service, content, product, user submissions or add-to link for:
- indirect or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- wasted expenditure; or
- cost of procurement of substitute services.
Shall exceed the amount paid by You to the Company, if any.
You agree to release, defend, indemnify, and hold the Company and its founder, affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) your access to the Website,
(ii) your use of the services made available on the Website,
(iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
- Governing Law
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of Saint Lucia, without regard to choice of law principles.
Assignability – We may assign any of our responsibilities and/or obligations to any other Person, at our sole discretion, without giving any notice to You. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability – If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Links to third party sites – The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
We will not be responsible for any errors, omissions or representations on any Linked Site. We urge You to verify the accuracy of any information on your own before undertaking any reliance on such information.