Terms & Conditions

SIP&SAVOR (BERMUDA) LTD. WEBSITE RULES

  1. INTRODUCTION

Welcome to the internetwebsite (“Site”) operated by Sip & Savor (Bermuda) Ltd., (“Sip & Savor”, “we”, “our”, or “us”)a limited liability company which owns and operates this Site. This Site offers a variety of resources and information, some or all of which may be accessed through a variety of means.

In consideration for the use of our Site you agree to the following terms and conditions of use (“Site Rules”).  The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

Changes to this Site take effect when posted to the Site.  Your continued use of the Site following the posting of changes will mean that you accept and agree to any such changes.

  1. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
  2. COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS
    • “Content” includes what you may see, read, hear, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws.Certain names, words, brands or devices on the Site may be the exclusive trademarks of Sip & Savor in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. The symbols™ and ® designate Bermudian unregistered and registered trade mark status respectively.  Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.
    • You may display, copy, print and download any content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:
  • change or delete any copyright or proprietary notices from the content;
  • adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any of the content for any commercial or public purpose;
  • decompile, reverse engineer or create derivative works from any downloadable software;
  • transfer the content to another person or web site or computer network, including any personal web site or network; and
  • pass off or otherwise infringe intellectual property rights of Sip & Savor or others.
    • Except as provided above or authorized by law, you must not, directly or indirectly, adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any content on the Site without our written consent or the relevant owner. You must not use any trade mark displayed on the Site without our written consent or the relevant owner. Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with.
  1. LINKS TO THIRD PARTY WEBSITES

The Site may contain informational or advertising links or references to external websites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions.

We will not be responsible for or liable to you for any losses or damages resulting of your use of links to or from external web sites or of any dealings you have with such third parties.

  1. NO REPRESENTATIONS OR WARRANTIES

WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY STARWOOD WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSSES OR DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, ARISING IN RELATION TO THE SITE OR THE SERVICES (INCLUDING THE CONTENT AND THESE TERMS OF USE)YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.

YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM ACTION OR DEMAND RELATED TO THIS SITE BEYOND SIX (6) MONTHS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

  1. EXTENSION OF DEFENSES

Every right, including right to be indemnified, exemption from liability and defense of whatsoever nature applicable to us or to which we are entitled hereunder extends to and for the benefit of our directors, officers, employees, agents, shareholders, affiliates, suppliers (including any party involved in creating, producing or delivering the Site or the Content), successors and assigns.

  1. INDEMNITY

You agree to defend, indemnify and hold us harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with your use of the Site or your use of our services or your violation of these Site Rules.

  1. REGISTRATION AND CANCELLATION

You may need to contract with us to access certain parts of the Site, in which case:

  • you must give accurate and complete registration information and advise us of any changes;
  • you must safeguard any user name, password and account that we give you;
  • you authorize us to assume that any person using the Site with your user name and password is either you or is authorized to act for you; and
  • you agree to immediately notify us of any unauthorized use of your user name, password or account.

We may suspend your access and/or cancel services contract if we believe you have breached these Site Rules, including any additional terms and conditions applicable to the part of the Site or service for which you have contracted. After your access is suspended and/or your services contract is cancelled, we may delete any content you posted or accessible only to you on or via that part of the Site.  All terms and conditions that by their nature extend beyond the suspension of your access or termination of our agreement, including our disclaimers and limitations of liability and your obligations to pay any amount owed and to indemnify us, will survive suspension of your access and/or termination of our agreement.

  1. USER FEEDBACK
    • By submitting any ideas, comments, suggestions or other information: to a chat room; or to our related to improvements to the Site and/or services related to the Site; (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any feedback. Starwood shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
    • You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Starwood stated above.
  2. ACCEPTABLE USE POLICY – WHAT YOU MUST NOT DO OR COMMUNICATE
    • You must not violate this Acceptable Use Policy. Any violations of this Acceptable Use Policy may mean suspension, restriction or termination of your eligibility to access the Site and our services.
    • Without limiting the generality of the foregoing, you must not post, upload, publish, reproduce, transmit or otherwise distribute any material or content on the Site that:
  • is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability;
  • you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;
  • passes off or infringes any copyright, trade mark, patent or other intellectual property right of another person;
  • is in contempt of any legal proceedings;
  • is false or misleading;
  • is intended to incite or is likely to excite or promote ill will or hostility against any section of the public, or indicates discrimination or an intention to discriminate against any person or class of persons, because of race, place of origin, colour or ancestry, ethnic or national origins, sex, marital status, birth out of lawful wedlock, religious beliefs or political opinions;
  • is offensive, or of an indecent, obscene or menacing character;
  • is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another;
  • is defamatory;
  • impersonates any person or misrepresents your relationship with any person or authority;
  • contains unsolicited or unauthorized advertising;
  • contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; or
  • interrupts or interferes with or adversely affects any software or hardware or use of the Site or the Internet by others or us.

You must also not use the Site:

  1. in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981);
  2. to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which the customer has no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records; or
  3. to access, or enable others to access, parts of the Site or content to which you are not authorized to access, including the personal information of other users of the Site.
  4. SECURITY SAFEGUARDS & CONFIDENTIALITY OF COMMUNICATIONS
    • Please note that communications sent over the Internet, particularly unencrypted e-mail, are subject to possible interception, loss, change or forging.
    • We will not be responsible for any damages you may suffer from the transmission of confidential information that you make to us or any third party, or request us or any third party to make to you through the e-mail links provided or addresses given on the Site. We are not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is made at your own risk.
  5. MONITORING

We may, but are not obligated to, monitor any material or content residing on or transmitted to our server.

We may, without notice, change or remove any material or content residing on or transmitted to our server that we, in our sole discretion, believe is unacceptable or violates the law or these Site Rules.

We may, without notice, block or terminate your access to use the Site or any part of it to protect it or our services or if required by law or if we, in our sole discretion, believe you are in breach of these Site Rules.

If you have any questions regarding these Site Rules or this Site please contact us at info@sipandsavorbermuda.com.

 

  1. GENERAL TERMS

In addition to the other terms and conditions specified on this Site regarding our services, the following general terms and conditions apply to services provided to you:

  • Cancellation: in the event that you cancel, 50% of the cost for the tout will be billed to your card plus an administration fee.
  • Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our control and may impact the amount charged to your credit card.
  • Requests for specific features are simply that, and while we will strive to honor your requests, we cannot guarantee that your request will be honored.
  1. MISCELLANEOUS TERMS
    • Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
    • If we take any action to enforce theseterms and conditions, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
    • We may at any time modify these terms, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review these terms periodically, and your continued access, use and/or posting on this Site shall be deemed your acceptance of the changed terms.
  2. GOVERNING LAW

Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Bermuda applicable to contracts entered into and to be performed entirely within the islands of Bermuda. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.

Copyright © 2016Sip & Savor(Bermuda) Ltd.   All rights reserved.