Terms
& Conditions
Terms and conditions of using GreatBarbados.com
We do not charge travellers to access GreatBarbados.com.
However, this site is only to be used by a traveller, and
any use by a person or entity for any purpose other than the
research and subsequent booking of a vacation rental is strictly
prohibited. By visiting this site, you are subject to the
following terms and conditions:
1) Personal use: The site must not be used for any
reason other than to view or make legitimate inquiries to
owners regarding your interest in particular vacation rental
properties.
2) Downloading of information from the Web site: As
a part of the rental inquiry process, for your own purposes
and not for further distribution, you may download, display,
or print one (1) copy of any portion of GreatBarbados.com
content. You may not modify the Content in any way, and you
must reproduce the GreatBarbados.com copyright notice in the
form "© 2002 2008 ProSoft Consulting Inc.
- All Rights reserved" as displayed on the relevant page(s)
that you might download or wish to copy.
3) Unauthorized use: Unless otherwise provided within
these Terms, or unless specific applicable law requires GreatBarbados.com
to allow you to do so, you may not do any of the following
without the prior written consent of GreatBarbados.com:
- Copy, reproduce, upload, post, display, republish, distribute,
transmit, any part of the Content in any form whatsoever
- Reproduce our content on your Web site using any device
including, but not limited to, use of a frame or border
environment around the Web site, or other framing technique
to enclose any portion or aspect of the Web site, or mirror
or replicate any portion of the Site;
- Modify, translate into any language or computer language,
or create derivative works from, any Content or any part
of this Web site;
- Reverse engineer any part of this Web site;
- Sell, offer for sale, transfer, or license any portion
of the Web site in any form to any third parties
Use any robot, spider, other automatic device, or manual
process to monitor, copy, or keep a database copy of the
Content;
- Use the Web site other than to make legitimate inquiries
to GreatBarbados.com advertisers;
- Use the Web site to make any false, fraudulent or speculative
reservation, or any reservation in anticipation of demand;
- Post or transmit any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate
any law; or for any other purpose that is unlawful or prohibited
by these Terms.
- Use or access the Web site in any way that, in our reasonable
judgment, adversely affects the performance or function
of the Site, or any other computer systems or networks used
by GreatBarbados.com, or infringes on our copyright or the
copyright of our advertisers;
- Upload or transmit to the Web site or use any device,
software or routine that contains viruses, Trojan horses,
worms, time bombs, or other computer programming routines
that may damage, interfere or attempt to interfere with,
intercept, the normal operation of our Web site, or appropriate
the Web site or any system, or take any action that imposes
an unreasonable load on our computer equipment, or that
infringes upon the rights of a third party;
- Use any device, software, or routine that interferes,
or attempts to interfere, with the normal operation of our
site, or take any action that impose an unreasonable load
on our equipment; or
Disguise the origin of the information transmitted through
the Web site.
4) Limitation of Liability. IN NO EVENT WILL GreatBarbados.com
OR ProSoft Consulting INC. BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF GreatBarbados.com
OR ProSoft Consulting INC. HAS BEEN ADVISED OF THE POSSIBLITY
OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT
REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5)
NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE
LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT
AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE
OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR
THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE.
5) Release. YOU HEREBY AGREE TO RELEASE, REMISE AND
FOREVER DISCHARGE GreatBarbados.com, ProSoft Consulting INC.
AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS,
AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES
FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS,
CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL
FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER
KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE
TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
6) Inquiries. When you use GreatBarbados.com to send
an inquiry to an advertiser, you agree to allow GreatBarbados.com
or its affiliated websites to add your email address to our
database of customers. You will receive at least one promotional
email from either GreatBarbados.com or its affiliated websites.
You are welcome to opt not to receive emails from GreatBarbados.com
or its affiliated websites at any time.
Terms and conditions of advertising on
GreatBarbados.com
1. Layout and copy:
1.1 GreatBarbados.com reserves the right to determine
the final design, layout and functionality of our website
which is subject to change from time to time without notice.
1.2 GreatBarbados.com reserves the right to edit copy
or amend the layouts or photographs supplied, in order to
create a more uniform and pleasant advertising environment
for our visitors.
1.3 GreatBarbados.com reserves the right, at its discretion,
to amend and edit copy entered into the GreatBarbados.com
online database by owners/advertisers. All copy edits submitted
by owners/advertisers are subject to review and approval of
GreatBarbados.com in its sole opinion.
1.4 Notwithstanding its right to edit and amend copy
and photographs, GreatBarbados.com accepts and holds no liability
for any loss or damage resulting from the design or positioning
of the properties or changes made to the photographs and copy
submitted by the owner/advertiser or edited by GreatBarbados.com
staff.
2. Accuracy
2.1 All listings on GreatBarbados.com, as submitted by
the owner/advertiser and amended from time to time by GreatBarbados.com
staff, are the responsibility of the owner/advertiser, and
GreatBarbados.com specifically disclaims any and all liability
arising from the alleged accuracy of the listings, or any
alleged breaches of contract on an advertiser's part. By accepting
these Terms and Conditions and paying to list on GreatBarbados.com,
you agree to indemnify and hold GreatBarbados.com and its
affiliates harmless against all costs, expenses and losses
arising out of a claim relating to the content of an advertisement.
2.2 Owners/advertisers are solely responsible for
keeping their information up to date on GreatBarbados.com,
including, but not limited to any and all representations
about the property, its amenities, location, and its availability
for a specific date or range of dates. GreatBarbados.com makes
no representation or warranties that any of the copy or availability
information published on GreatBarbados.com is accurate or
up-to-date even in the case where visitors have searched for
specific special offers, dates, or types of properties.
3. Photographs
3.1 All printed (paper based) photographs submitted
to GreatBarbados.com by the owner will be discarded after
we have scanned them into our electronic database. (Sorry,
but we can neither return them nor keep copies of paper photographs
on file.)
3.2 Every effort will be made to reproduce faithfully
all photographs submitted, but GreatBarbados.com cannot be
held responsible for any loss or damage or otherwise resulting
from errors or omission.
3.3 By submitting a photograph either electronically
through our website or by mailing a paper based photograph
to our offices, the Owner/advertiser is representing an warranting
that (a) he holds all intellectual property rights with respect
to each submitted photograph, or (b) he has secured from the
copyright holder all rights necessary for the photograph to
be used in an online advertisement, and (c) that any people
in the photograph have given permission for their likeness
to be displayed in an online advertisement, and (c) that the
photograph accurately and fairly represents the subject of
the photograph and has not been altered in any manner that
would mislead a viewer of that photograph and (d) that he
will indemnify and hold harmless GreatBarbados.com and its
affiliates from any cause of action arising from any misrepresentation
with respect to any and all the photographs so submitted.
4. Liability
4.1 GreatBarbados.com does not warrant that the operation
of the GreatBarbados.com site will be uninterrupted or error-free.
4.2 In no event shall GreatBarbados.com be liable
to the advertiser for any special, consequential, incidental
or indirect damages, including lost profits.
5. Copyright
5.1 By accepting these Terms and Conditions and by
paying and posting a listing on GreatBarbados.com, the Owner/advertiser
grants to GreatBarbados.com and its affiliates a fully paid
up license to use the copy, the photographs, the likenesses
(if any) on its website or the websites of its affiliates
and grants GreatBarbados.com and its holding company ProSoft
Consulting Inc. the ability to copyright and protect the images,
copy, and information available via the Owner/advertisers
listing from the unauthorized use by unaffiliated third parties
who may, from time to time, attempt to pirate such information
via electronic or other means. GreatBarbados.com is not responsible
for any infringement of copyright laws resulting from material
supplied by the Owner/advertiser and the Owner/advertiser
indemnifies GreatBarbados.com against any action brought for
breach of copyright or other rights from the use of such material
supplied by the advertiser.
5.2 GreatBarbados.com shall be entitled to reproduce
part or whole of any photographic material supplied by the
advertiser in the promotion of either the Owner/advertisers
property or the promotion of GreatBarbados.com.
5.3 GreatBarbados.com claims copyright to the electronic
images of the photographic material supplied by advertisers,
and the Owner/Advertiser will assist GreatBarbados.comat
GreatBarbados.com expense and controlled by GreatBarbados.comto
protect its copyrighted material from unauthorized redistribution.
5.4 It is the Owner/advertisers responsibility
to obtain reproduction permission for all photographic and
other material used in their advertisements. The advertiser
warrants that he is the owner of the copyright in such material
or is authorized by the owner thereof to grant to GreatBarbados.com
the rights therein contained.
6. Hypertext links
6.1 GreatBarbados.com reserves the right to refuse hypertext
links to, or addresses of, other web sites from advertisers'
pages, and to remove links or web addresses without notice
at our sole discretion.
6.2 GreatBarbados.com reserves the right to charge
for hypertext links at any time.
7. Reviews
7.1 Any entries in the reviews section must be genuine
comments from guests who have stayed at the property advertised.
The e-mail address of the guests whose comments are given
must be supplied on request.
8. Substitution of properties
8.1 An advertisement relates to a specific property.
The property in an advertisement may not be substituted by
another property. If an Owner/Manager submits changes to an
existing listing that, if approved, would substantially alter
the listing to make it that of another property, then GreatBarbados.com
will have the right to terminate the listing and may choose,
in its sole discretion, to retain any unearned fees associated
with the term of the previously existing listing as compensation
for violating this condition.
9. Advertising more than one property on one advertisement
9.1 Each advertisement on the GreatBarbados.com site displays
an individual and uniquely identified property available for
short term vacation rental. The listing specifically cannot
be a mere example of properties in a given area. Only one
property can appear on each advertisement, unless it is a
property with multiple rental units on the same site, and
additional advertising units are purchased. GreatBarbados.com
reserves the right to amend the copy or remove the advertisement,
when more than one property is described in the advertisement,
and may choose, in its sole discretion to retain any unearned
fees associated with the initial term of such non-conforming
listing as compensation for violating this condition.
10. Termination of advertising
10.1 All listings are sold to run the full period that
is chosen by the Owner/advertiser. Listings removed at your
request prior to the completion of their full run are not
subject to a refund.
10.2 GreatBarbados.com reserves the right to refuse
any listing submitted to GreatBarbados.com either through
its online submission process or sent to our offices for us
to load onto the website. We can refuse to publish the ad
for no reason, and you specifically agree to hold us harmless
for any loss or liability that may arise from such a decision.
10.3 If you submit unsuitable material into the GreatBarbados.com
on-line database, or persistently misuses the on-line systems,
GreatBarbados.com reserves the right to remove the property
from the GreatBarbados.com site. No refunds will be paid.
10.4 If GreatBarbados.com receives a complaint from
a person who has rented an advertisers property which
GreatBarbados.com, acting reasonably, considers to be justified,
or if you double-book a property for multiple renters on the
same date, or if you engage in any business practice that
would be considered within the vacation rental industry to
be unfair, or if you are in breach of your obligations to
GreatBarbados.com, then GreatBarbados.com reserves the right
to remove the property from the GreatBarbados.com web site
without notice.
11. Payment
11.1 Payment for listings must be made in U.S. Dollars
paid either by major credit and debit cards, or a check drawn
on a U.S. bank.
12. Legal jurisdiction
12.1 Any and all GreatBarbados.com services and products
are performable and/or sold in the Province of Ontario, Canada,
and you irrevocably agree to that any cause of action you
may submit will be filed in Middlesex County, Ontario, which
will be the venue of any legal dispute. You also agree that
any dispute will be governed by the laws of the Province of
Ontario. |