Legal Disclaimers and Terms of Service

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Funntripps and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website.

Where content is specifically made available for redistribution, it may only be redistributed for a private purpose.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FunnTripps` express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without FunnTripps` express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Funntripps a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Funntripps the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Funntripps or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Funntripps reserves the right to edit or remove any material submitted to this website, or stored on Funntripps servers, or hosted or published upon this website.

Notwithstanding Funntripps` rights under these terms and conditions in relation to user content, Funntripps does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. FunnTripps makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Funntripps does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, the advice of any kind.

Limitations of liability

Funntripps will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Funntripps has been expressly advised of the potential loss.

 Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Funntripps liability in respect of any:

  • death or personal injury caused by Funntripps` negligence;
  • fraud or fraudulent misrepresentation on the part of Funntripps`; or
  • matter which it would be illegal or unlawful for Funntripps to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Funntripps and undertake to keep Funntripps indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Funntripps to a third party in settlement of a claim or dispute on the advice of Funntripps` legal advisers) incurred or suffered by Funntripps arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Funntripps` other rights under these terms and conditions, if you breach these terms and conditions in any way, Funntripps may take such action as Funntripps deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Funntripps may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Funntripps may transfer, sub-contract or otherwise deal with Funntripps rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Funntripps in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Bahamian 1law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of law.

Privacy Policy

Protecting your private information is our priority. This Privacy Policy applies only to information we collect through our website and does not apply to our collection of information from other sources. By using this website, you consent to this Privacy Policy.

Changes to this policy

We will occasionally update this Privacy Policy. Please review the Privacy Policy periodically to be informed of how we are protecting your information.

Information we collect

We use your personal information to operate our website and deliver the services you request. We do not automatically collect personally identifiable information when you visit; however, you may submit it in connection with a feature, program, promotion or some other aspect of our website. Whether or not you provide this information is your choice; however, in many instances, this type of information is required to participate, receive a benefit or gain access to certain content on our website.

Information about your computer hardware and software may be automatically collected. This information may include your IP address. browser type, operating system, domain names, access times, search terms, specific web pages visited, duration of visit and third-party websites from which your visit originated.

How we use and share this information

We require this information to understand your needs and provide you with better service. In certain instances, we may also share your information with our third-party vendors performing functions on our behalf. Except as provided in this Privacy Policy, your personally identifiable information will not be shared or sold to any third parties without your prior approval.

We use the anonymous information in a variety of ways, including analyzing site traffic, understanding customer needs and trends, carrying out targeted promotional activities and improving our services. We may share this information with our affiliated companies and third parties to achieve these objectives.

Cookies nd preference-based advertising

We use cookies and web beacons on this site. A cookie is a piece of data stored on your hard drive to help us improve your access to our site and identify repeat visitors. Cookies enable us to respond to you as an individual.

Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, to track when an email has been opened and to provide other information. It is important to note that the cookies and web beacons do not contain personally identifiable information about you.

You can choose to accept or decline cookies. Most web browsers automatically accept them, but you can modify your browser setting to decline cookies.

Some of our business partners may use cookies on our site. This information is typically used by these companies to display advertisements tailored to meet your preferences and needs. We have no access to or control over these cookies.

Public Forums

We may offer chat rooms, blogs, message boards, bulletin boards or forums where you and other users of our website communicate. The protections described in this Privacy Policy do not apply in these public forums.

Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from any information you choose to publicly post or share.

Children

We do not knowingly collect information from children under the age of thirteen. If you are under the age of thirteen, you must ask a parent or guardian for permission to use this website.

Security of your personal information

We take precautions to protect your information from unauthorized access, use or disclosure.

Links to other sites

Our website may link to or contain links to enable you to visit other websites of interest easily. Once you have used these links, you have left our website. We are not responsible for the privacy practices employed by any third-party websites. Exercise caution and look at the privacy statement applicable to the website in question.

Contact & Opt-Out information

We respect your privacy and are happy to provide an opportunity for you to opt-out of receiving unwanted correspondence. We welcome your questions or comments about our Privacy Statement. Feel free to contact us via the phone number and email address provided within this website

Anti-Spam

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

Funntripps Vacation Club has a zero-tolerance spam policy.

 Automated spam filtering

Funntripps Vacation Club’s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by Funntripps Vacation Club’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam

Funntripps Vacation Club provides a facility that enables users to send [email messages / private messages] to others.  Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes.  

Receipt of unwanted messages from Funntripps Vacation Club

In the unlikely event that you receive any message from Funntripps Vacation Club or sent using Funntripps Vacation Club’s systems that may be considered to be spam, please contact Funntripps Vacation Club using the details below and the matter will be investigated.

Changes to this anti-spam policy

Funntripps Vacation Club may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us

Questions, comments and requests regarding this anti-spam policy are welcomed and should be addressed to:

Funntripps Vacation Club
P.O. Box Ex-29279
George Town, Exuma,
The Bahamas

Email: WeCare@Funntripps.com

DISCLAIMER

 No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Funntripps makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Funntripps does not warrant that: –

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, the advice of any kind. If you require advice in relation to any legal, financial or medical] matter you should consult an appropriate professional.

Limitations of Liability

Funntripps will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Funntripps has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Funntripps’ liability in respect of any:

  • death or personal injury caused by Funntripps’ negligence;
  • fraud or fraudulent misrepresentation on the part of Funntripps; or
  • matter which it would be illegal or unlawful for Funntripps to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Funntripps has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Funntripps` officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Funntripps’ officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Funntripps.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

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