Welcome to the Sail Harbour Resort & Community Ltd’s (“SHRC”) website (the Website). The following are the general terms and conditions (the "Terms and Conditions") and are intended to regulate the users’ access and use of the Website. For the sake of these Terms and Conditions, "Users" will be all persons accessing and using the Website
Users are required to read these Terms and Conditions carefully. By using the Website, all Users are deemed to have read, understood and agreed to the Terms and Conditions specified hereunder and accepted to be subject to and be legally bound by the Terms and Conditions of use as stated below and as shall be modified by SHRC from time to time at its sole discretion. Such amendments shall be posted on the Website. Except as specifically required by the applicable laws, all amended terms shall be effective immediately after being posted, therefore SHRC strongly advises the Users to keep visiting this section regularly. If a User does not agree to be bound by these Terms and Conditions, heshe should refrain from using or accessing the Website. SHRC Website is available for all individuals who have full legal capacity and authority under applicable law.
Users are responsible for access and use of the Website, and agree to use the Website only for lawful purposes, in compliance with all applicable English and Wales laws. All complaints of abuse, violation and misuse of the Website, whether described in these Terms and Conditions or otherwise, shall be investigated. When SHRC becomes aware of possible violations of these Terms and Conditions, SHRC may initiate an investigation on its own. This may include gathering information from Users (and the complaining party, if any), and examination of material on the Website servers. SHRC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of the Terms and Conditions could subject Users to criminal or civil liability.
Without limiting other remedies available by law, SHCR may limit/suspend/terminate Users access to the Website or issue a warning, temporarily or finally suspend or terminate a User's access to the Website if:
(a) the User violates these Terms and Conditions contained within;
(b) the User engages in spamming or any other illegal activities, which includes, but is not limited to, attempting without authorization to access a computer system; pirating; gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; stalking; or violating laws and linking to illegal material;
(c) the User attempts to compromise the security, safety, data integrity, service, or any other operations of SHRC’s Website;
(d) If SHRC deems that a usage of excessive system resources is taking place;
(e) for any other reason SHRC deems necessary based on its own discretion.
3. General Terms
1. SHRC has the right to amend/suspend/terminate the Website at anytime without any reason, at its sole discretion and without incurring any responsibility whatsoever;
2. SHRC shall also have the right to suspend the Website or any portion thereof, or any products or services offered through the Website at any time without notice andor to terminate any individual's right to access or use the Website or any portion thereof;
3. SHRC cannot guarantee that the Website will not be interrupted;
4. SHRC cannot, and will not, be held responsible for any interruption/suspension/termination in this Website for any reason whatsoever;
5. In the event of termination, Users are no longer authorized to access the Website. The disclaimers, indemnities, and limitations of liabilities set forth in these Terms and Conditions shall survive termination.
6. SHRC shall not be liable for any financial loss, damages, information loss etc. that may be incurred by any person using the Website for any reason whatsoever including suspension or termination of the Website at its own discretion;
7. SHRC shall not be liable for any failure or delay or non-performance caused by Force Majeure or any circumstances and conditions beyond its reasonable control;
8. If any of the Terms and Conditions is held to be invalid or unenforceable, such term shall be struck and the remaining terms shall be enforced;
9. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of any other term.
By accepting these Terms and Conditions, Users agree to waive and hold SHRC harmless from any claims relating to any action taken by SHRC as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its conclusion that there is a violation of these Terms and Conditions. Users cannot accordingly, sue or recover any damages whatsoever from SHRC as a result of SHRC’s decision to remove material from its Website and/or servers, warn Users, suspend or terminate Users access, or take any other action during the investigation of a suspected violation or as a result of SHRC’s conclusion that a violation has occurred.
This waiver applies to all violations described in these Terms and Conditions.
5. Limitation of Liability and Indemnification
Users of this Website expressly agree that use of the Website is at their sole risk. In no event shall SHRC, its owners, subsidiaries, affiliates, shareholders directors and/or employees be liable for all losses, and/or lost profits and/or any special, incidental or consequential damages, and/or damages and/or costs incurred by a User, as well as lots profits and consequential losses and/or others arising out of or in connection with the Website, (suspension and/or termination) or these Terms and Conditions (however arising, including but not limited to negligence).
Users agree to defend and indemnify and hold SHRC and (as applicable) its owners, parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless, from and against any and all claims, demands, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), made by the Users and/or any third party due to or arising out of Users violation of these Terms and Conditions, or Users violation of any law or the rights of a third party.
The foregoing indemnification obligation shall survive termination of these Terms and Conditions.
6. No Warranty
While SHRC uses all reasonable efforts to ensure that the data and information listed on the Website is accurate and up-to-date, SHRC makes no warranties or representations as to its accuracy. SHRC assumes no liability or responsibility for any errors, inaccuracies or omissions in the content of the Website.
SHRC provides the Website on "as is" basis and without any warranty or condition, express or implied.
SHRC does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of SHRC’s control. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials contained in the Website.
7. Legal Compliance, Jurisdiction and Dispute Resolution
Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.
SHRC suggests and expects that Users will employ common good business practices and personal courtesy to avoid disputes. SHRC cannot and will not get involved in disputes between Users and/or Users and any third parties. The Users are releasing SHRC and its owners, agents, employees, assignees and any affiliated companies or individuals from any claims, suspected and unsuspected, whether disclosed or undisclosed, arising out of, or in any way connected to, any disputes whatsoever.
8. Ownership and License
SHRC is the sole owner or licensor of the Website and its content including all related intellectual property rights and/or licenses. All information submitted to SHRC via this Website shall be deemed and remain the property of SHRC. SHRC shall be free to use (for any purpose) any ideas, concepts, know-how or techniques contained in information a User/visitor to this site provides through this Website. SHRC shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by SHRC in writing or as otherwise specifically required by law.
9. Intellectual Property and Copyright
Any and all titles, rights and/or interests in any and all intellectual property rights including but not limited to trademarks, copyrights trade secrets, patents, copyrights, trademarks, know-how and/or any other similar rights of any type under the England and Wales laws and regulations contained on the Website shall be the sole property of SHRC, and SHRC shall own any and all data that is created or developed as a result of or derived from the User’s operation and/or usage of the Website.
Any communication or material transmitted by the User to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, or the like is, and will be treated as sensitive but non-proprietary information. Anything the User transmits or posts on the Website shall become the property of SHRC, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or posting. Furthermore, SHRC is free to use any ideas, concepts, know-how, or techniques contained in any communication the User posts/uploads/sends to the Website for any purpose whatsoever including, but not limited to, developing, and marketing concepts using such information.
Unless otherwise noted, everything the User sees or reads on the SHRC Website including but not limited to textual, graphical and all other content created by or for SHRC is copyrighted to SHRC and may not be used except as provided in these Terms and Conditions. SHRC owns the copyright in the selection, coordination, arrangement, and enhancement of the content of the Website.
10. Blogs, Discussion Boards and Online Forums
Most of the information and opinions expressed in materials posted by visitors on blogs, discussion boards, lists or other similar venues of our Site (“Forums”) is provided by third parties, like you. We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Forums. Our forums are public, not private communications.
Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for such third party usage of any information posted to the Forums. By entering this Site or participating in or posting to any Forum, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this website or your participation in or posting to any Forum, you shall not submit, upload or post to any Forum any text, graphic material or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy or is obscene, pornographic, abusive or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials. By posting any content on any Forum, you agree to indemnify and hold harmless Sail Harbour Foundation and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.
Use of Information and Materials
The information and materials contained in the Website - and the Terms, Conditions, and descriptions that appear herein - are subject to change upon SHRC’s discretion.