WEBSITE TERMS OF USE


Last Modified: December 2019

 

1.             SERVICE OVERVIEW

1.1.         Thank you for using the Silva Bay Resort and Marina Website (“Silva Bay”, “We” or “Us”) along with other services provided by Us (collectively, the “Service” or “Website”). These Terms of Service are a legally binding contract between you and Silva Bay regarding your use of the Services.

1.2.         Please review these terms (the “Agreement”) carefully.

1.3.         By accessing or using the Service offered by Us you are confirming that you have read, understand and accept this Agreement.

1.4.         We reserve the right to change these Terms on a going-forward basis at any time without notifying you.

1.5.         Modifications will become effective upon the earlier acceptance of the modified Terms, your use of the Service with the actual knowledge of the modified Terms, or 30 days after our publication of the modified Terms on our website: www.silvabay.com

1.6.         Disputes arising under these Terms will be resolved in accordance with the version of these Terms that were in effect at the time the dispute arose.

1.7.         You are responsible for regularly reviewing the most current version of this Agreement, which is published at: www.silvabay.com

1.8.         Though we will notify you of any changes that, in our sole discretion, materially impact this Agreement, continued use of the Service after any such changes have been made will constitute your consent to such changes.

1.9.         When we change this Agreement, we will update the “Last Modified” date above.

1.10.       By using our Service, you confirm that:

(a)           You are at least 19 years old or otherwise able to enter into a legally binding agreement;

(b)           You accept and will comply with this Agreement; and

(c)           If you are using our Service as a representative of an organization, you have the power to enter into legally binding agreements for the organization;

1.11.       Any new features or tools which are added to the current website shall also be subject to these Terms and Conditions.

1.12.       Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

2.             TERMINOLOGY

2.1.         “Account” means a unique account created for you or employees of your company to access the Service.

2.2.         “Authorized users” means anyone (individual or company) that You authorize to access Your account.

2.3.         “Customer(s), User(s), You, Your”: and similar terms whether capitalized or in lower case means the person or legal entity assessing or using our Services. To avoid doubt, if you are accessing and using the Service on behalf of a company (such as Your employer) or other legal entity, You, Your, or Customer means the company or other legal entity that you are using the Software Service on behalf of.

2.4.         “Customer Data” means all data, information, content or material submitted by the Customer or on behalf of the Customer in connection with the use of the Service, storage space and/or the Account.

2.5.          “Terms” means these terms and conditions.

2.6.         “Third-Party Services” means services that are not provided by Us and as further defined in Section 3.

 

3.             Third Party APPLICATIONS and websites

3.1.         Our website is integrated with or may otherwise interact with third party applications, website plugins, cookies, other websites and payment processing services (“Third Party Applications”) in order to make the Service available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.

3.2.         You understand that your information, including your credit card information, may be transferred unencrypted to third parties and involve:

(a)           transmissions over various networks; and

(b)           changes to conform and adapt to technical requirements of connecting networks or devices.

1.             You further understand that We are unable to control the security of that information.

3.3.         You understand and agree that Silva Bay is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does Silva Bay warrant the compatibility or continuing compatibility of the Third Party Applications with the Service.

3.4.         This Service may contain links and references to websites of others.

3.5.         We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk.

3.6.         You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites.

3.7.         Silva Bay does not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites.

3.8.         In no event will We be responsible for the information contained in such websites, their practices or for your use of, or inability to use, such websites, or transmissions received from such sites.

3.9.         You expressly relieve Silva Bay from any and all liability arising from your use of any Third Party Application. We encourage you to be aware when you leave our site, and to read the terms and conditions and privacy policy of such other website(s) that you visit.

3.10.       Save to the extent required by law, We have no special relationship with or fiduciary duty to you.

3.11.       It is understood and agreed that Silva Bay has no control over, and no duty to edit or review for accuracy or appropriateness of any information or data provided by you or information provided by any supplier offering services by means of our Service (“Third Party Suppliers”).

3.12.       We do not provide any warranty whatsoever, neither on behalf of our self nor on behalf of any Third Party Application or with respect to any services of Third Party Suppliers. It is hereby made explicitly clear that Silva Bay shall not be held responsible for any acts and/or omissions on the part of any Third Party Supplier.

 

4.             limitation of liability and indemnity

4.1.         Silva Bay will not be responsible or liable for any damages or viruses that may infect a User’s computer equipment or other property as the result of access to our website, downloading any of its content or use of our Services.

4.2.         Silva Bay will not be responsible or liable for any damages related to the inaccuracy of any content on our Website.

4.3.         You agree to indemnify and hold Silva Bay and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any loss, damage, expense incurred as result of your use of the Website or Service or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

4.4.         Our website works best with web browsers, specifically, it is designed to work best with Chrome, FireFox and Safari.  We do not guarantee that it will work properly through any other browsers.

4.5.         We are not responsible if information made available on our website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

4.6.         UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SILVA BAY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, THEFT OR LOSS OF DATA WHETHER BY FAULT OF US OR A THIRD PARTY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION, AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF SILVA BAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

4.7.         IN NO EVENT WILL SILVA BAY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.

 

5.             Payment; payment Processing; No Refund

5.1.         Users acknowledge that the payment of any fees, where applicable, are made in advance of payment deadlines. All payments are non-refundable.

5.2.         We may suspend the Accounts and Services of Users until late payments have been received.

5.3.         Users are responsible for providing their current invoicing address and/or email address. We shall bear no responsibility or liability for failure to do so.

5.4.         We may not display all our special pricing or offers on our website.  Some of these may only be sent via e-mail and not all Users may receive these.

5.5.         You agree to pay for any Services that you order and that We may charge your credit card or other form of payment that you indicate for any products and Services ordered, along with any additional amounts (including any taxes).

5.6.         You agree that you are solely responsible for all fees associated with purchases you make through our Website.

5.7.         Please note that depending on your payment method, local tax may differ.

5.8.         Changing Credit Card Information.  Changes in credit card information must be communicated ten (10) business days before any renewed billing cycle. Notification of these changes should be made by phoning Us. If your payment is declined for whatever reason, We reserve the right to cancel or withhold any product or Service until payments have resumed.

 

6.              Price Changes

6.1.         All prices quoted on our Website or Service are subject to change without notice.

6.2.         We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

6.3.         We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

7.             use restrictions and prohibited activities

7.1.         Users may use the Services we provide solely for their own information and booking purposes. Except as otherwise explicitly provided in this Agreement, Users will not, and will not permit or authorize third parties to:

(a)           license, sublicense, sell, rent, lease, or otherwise permit third parties to use the content on the website or any Services we provide;

(b)           use the Services to provide services to third parties (e.g., as a service bureau);

(c)           circumvent or disable any security or other technological features or measures of the Services;

(d)           to decrypt, decompile, disassemble, reconstruct or otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted under mandatory applicable laws, reverse engineer any element of the website, or use the Services or any of our Confidential Information (as defined below) to compete with the Services;

(e)           modify, adapt or hack the Services to falsely imply any sponsorship or association with Us, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks;

(f)            use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or the components of the Services;

(g)           use the Services to knowingly post, upload, link to, send or store any content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory, or that contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software or to otherwise interfere in the proper functioning of the Service;

(h)           attempt to use any method to gain unauthorized access to any paid features of the Service or access to non-public areas of the Service or to the technical systems on which the Service is based;

(i)             to test, scan, or examine the vulnerability of the Service, or use automated scripts to collect information from or otherwise interact with the Service;

(j)             to use robots, spiders, scrapers or other similar data collection or extraction tools, utilize programs, algorithms or methods to search, access, acquire, copy, or monitor the Service;

(k)           to intentionally utilize devices, software or routines which have a disruptive effect on the applications, functions or usability of the Service or willfully destroy other data, systems or communications, generate excessive load, or harmfully interfere, fraudulently intercept or capture any of our confidential information or that of our users;

(l)             deep-link to the Silva Bay website for any purpose (other than the home page), unless expressly authorized in writing by Silva Bay; or

(m)          impersonate any other user of the Services.

 

7.2.         Users are not permitted to share access to their accounts.

 

8.             Termination

8.1.         We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Service for any reason, at any time, without notifying you in advance.

8.2.         If we terminate your access to the Service because you violated these Terms, you will NOT receive a refund for any products or services purchased from Us.

 

9.             COPYRIGHT, PERMISSION TO REPRODUCE AND THIRD-PARTY MATERIALS

9.1.         Materials on our website, in our newsletters and communications are covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations and international agreements. All copyright, trademark and other proprietary rights notices included in the Website belong to Us and may not be reproduced without written permission of the content owner. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Service.

9.2.         Some of the materials and graphical elements found on the Website are subject to copyrights held by other organizations. In such cases, restrictions on the reproduction of materials or graphical elements may apply; it may be necessary to seek permission from the author or copyright holder prior to reproduction.

 

10.          Hyperlinks on our site

10.1.       Links to other websites or references to products, services or publications may not imply endorsement or approval from us. We are not responsible or liable for the content presented on these links, including advertising claims, endorsements or names. These websites are not part of our website. We have no control over their content or availability.

 

11.          Data Protection

11.1.       The Parties shall comply with the applicable provisions of data protection law and commit their employees engaged in connection with this Agreement and the execution thereof to data protection, except to the extent that they are already under a general obligation to act accordingly.

11.2.       Silva Bay shall only process personal data of the User to the extent required to execute provide the Services. User consents to the processing of such data to this extent.

11.3.       You further authorize Silva Bay to store your credit card information on our servers and in the third party services used by Us.

 

12.          Use of terms and headings

12.1.       The headings in this Agreement are aids for speedy reference, and have no legal significance.

12.2.       The headings are not part of the Agreement and may not be considered for the purpose of interpreting it.

 

13.          Applicable Law

13.1.       This Agreement will be governed by and interpreted in accordance with the laws of the Province of British Columbia.  The Parties hereby irrevocably attorn to the courts of the Province of British Columbia to handle all disputes in connection with this Agreement, including any document to be delivered hereunder.

 

14.          Successors and Assigns

14.1.       This Agreement will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

 

15.          no waiver

15.1.       Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

16.          Severability

16.1.       If any provision of this Agreement is determined to be illegal or unenforceable, such provision will be ineffective to the extent of such illegality or unenforceability, but will not invalidate or affect the validity or enforceability of the remaining provisions of this Agreement.