AGREEMENT BETWEEN YOU AND JEAN-MICHEL COUSTEAU RESORT (“AGREEMENT”)
We appreciate your visiting fijiresort.com (“Website”). The Website is offered by Jean-Michel Cousteau Resort (“Resort”) conditioned on acceptance by you, the user of the Website, without modification, limitation or qualification, of the terms and conditions contained herein. By accessing and using this Website, you are deemed to have agreed to all such terms and conditions of the “Agreement”. You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You promise to us you are old enough to enter legally binding contracts through this Website and you know you will be responsible for all payments due to us for bookings made by you or another person using your login information.
The Resort may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF GENERAL LIABILITY
Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.
ERRORS AND OMISSIONS
This Website may contain errors and omissions relating to product description, pricing, and availability. We may correct errors or omissions without prior notice. We may also cancel any offered product or service in the event of an error or omission in the description, including price, availability, or other reason.
DISCLAIMER OF WARRANTY
To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this Website. All such information is provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this web site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
LIMITATION OF LIABILITY
In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
(I)Access to, or use of this web site, or delay or inability to use this web site, or any information contained in this Website; or,
(II) The availability and utility of products and services
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
Any rights not expressly granted herein are reserved by us.
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
LINKS TO THIRD-PARTY WEBSITES
This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.
LIMITATIONS TO USE
You agree to use this Website solely to determine the availability of goods and services and make legitimate reservations or transact business with us. You agree to use the Website only for personal, non-commercial use.
You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of fares, products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Website are your sole responsibility.
You agree to not abuse the Website. “Abuse” includes, without limitation, using the Website to:
Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
Download or upload files that are unlawful to distribute through the Website.
Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
Cause an excessively large load on the infrastructure of the Website.
Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another.
Violate this Agreement in any other manner.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are copyright ©. All rights reserved.
This Website is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. Jean-Michel Cousteau Resort and any other product or trade names of the Resort referenced herein are our service marks or registered service marks. Other product and company names mentioned herein may be the trademarks of their respective owners.
USE OF CREDIT CARD
The Resort accepts major credit cards. Your credit card will be debited for such amount(s) as may be specified at the time when you click on the confirm button.
The Resort will take all reasonable measures to insure information you transmit to us using the Website will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the services purchased by you.
The Resort considers the protection of all personal information we receive from our web site visitors and subscribers as critical to our corporate mission. Please be assured that we have security measures in place to protect against the loss, misuse, and alteration of any personal information we receive from you. As with any transmission over the Internet, however, there is always some element of risk involved in sending personal information.
Information collection and use by the Resort includes any and all of the following entities and/or brands: Canyon Makare Ltd., Canyon Hotels & Resorts, Canyon Equity LLC. We are responsible for the processing of any personal information you provide to this Website. We take our responsibilities regarding the protection of personal information very seriously. This policy explains how we use personal information that we may obtain about you. By using our Website you consent to this use.
YOUR PERSONAL INFORMATION
When you use services provided on this Website you will be asked to provide certain information such as your name, contact details, and/or debit/credit card details. We will store this information and hold it on computers or otherwise. We will use this information in the following ways:
To fulfil our agreement with you, including reserving your hotel room, sending you your confirmation or contacting you if there is a problem with your reservation.
To register you with our Website and administer our Website services where you have registered to receive these. You can unsubscribe from these services at any time.
To administer any contest or other promotional offer you may enter and notify winners.
To answer any queries which you may send to us by e-mail.
For direct marketing purposes, as set out in detail below.
If you are booking accommodation on behalf of someone else, you must obtain their consent to use their personal information. We proceed on the basis that you have obtained this consent.
Information you provide or that is obtained by us will be used by us to enable us to review, develop and improve the services which we offer and provide you and other customers (via mail, email telephone or otherwise) with information about new products and services and special offers we think you will find valuable. We may also inform you about new products and services and special offers of selected third parties.
We may give information about you as follows:
To third parties that we use for the provision of certain services, where specified during the booking process or otherwise prior to such transfer.
To anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
To third party organizations involved in credit card authorization;
If we have a duty to do so or if the law allows us to do so;
To our employees and agents to do any of the above on our behalf, now or in the future.
If you choose not to provide certain personal information we request, you will still be able to visit our Website but you may not be unable to access certain options or services.
The Resort will take appropriate steps to protect the personal information you share with us.
Our Web Site may use “cookies” so we can better serve you with customized information when you return to our Website. Cookies are identifiers which a web site can send to your browser to facilitate your next visit to our Website. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it.
Our Website may contain links to other web sites. Please be aware that we are not responsible for the privacy practices of web sites not operated by us.
CORRECTION/UPDATING OF PERSONAL INFORMATION
If your personally identifiable information changes, or if you no longer desire our service, we will provide a way to correct, update or remove your personal information provided to us.
If you no longer wish to receive promotional materials you may opt-out of receiving these communications by emailing us at firstname.lastname@example.org; this will remove you from the Resort’s mail lists. You will always be notified when information is being collected by any outside parties. We do this so you can make an informed choice as to whether they should proceed with services that require an outside party, or not.
NOTIFICATION OF CHANGES
Currency rates are based on Westpac Bank, Fiji foreign exchange rates. The accuracy of such rates is not verified, and actual rates may vary. Currency quotes are not updated every day. We believe in the accuracy of the information supplied by this application, but we do not warrant or guarantee such accuracy.
Online bookings. If you have a query regarding your online booking or encounter any problems whilst making your booking, please contact us by emailing email@example.com
NON-BOOKING RELATED ENQUIRIES
If you experience any technical problems during your interaction with this Website, please contact our technical support team by emailing firstname.lastname@example.org