WEBSITE USAGE TERMS AND CONDITIONS
INTRODUCTION AND ACCEPTANCE
These Usage Terms and Conditions (hereinafter the “Terms and Conditions”) govern the use of the website located at the URL https://thetravelcurrent.com (hereinafter, the “WEBSITE”) and the electronic services offered through it.
Operadora Palace Resorts (JA) Limited (hereinafter “Company,” “we,” “us” and/or “our”), owns the WEBSITE and owns all intellectual property rights associated with it.
These Terms and Conditions are entered into by and between Us and the natural persons who access and/or make use of the WEBSITE (hereinafter “You”, “User” or “Users”). By accessing, using, viewing, browsing, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services or otherwise using or exploiting the WEBSITE or its contents you agree to be bound by these Terms and Conditions, as they may be amended from time to time. If you do not agree to these Terms and Conditions, then you may not use any portion of the Website. All products and services on the WEBSITE are provided “as-is.” By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company, accept these Terms and Conditions, and otherwise meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
All phrases used in these Terms and Conditions that are not expressly defined shall be understood in accordance with their common use on the Internet and in the telecommunications industry.
Ownership and Use Restrictions
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, as applicable, and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No content or material from the Website may be copied, reproduced (either physically or electronically), republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials from this Website onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the contents of this Website, or use of the contents on this Website, for any other purpose is a violation of these Terms and Conditions and our copyright and other proprietary rights. Your use of any material or content from this Website on any other Website or computer network environment is expressly prohibited.
Unless otherwise specified, we own all right, title and interest in and to the WEBSITE and all trademarks, content, organization, collection, information, logos, photographs, images, videos, programs, applications, and any other work contained or published in or this Website. To the extent this Website provides interactive capabilities that allow you to submit information or data on the Website, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. By uploading or submitting any lawful materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.
The compilation of links to internet resources, the description of such resources and the information posted on the WEBSITE to be copyrighted material. Users are not authorized to copy, physically or electronically reproduce or modify any part of the WEBSITE. Our name and our trademarks, patents and copyrighted material may not be used in advertising or advertisements without our specific prior written permission, which may be withheld in our sole discretion. We reserve the right to file civil, criminal or administrative actions arising out of improper or unauthorized use of this WEBSITE, including infringement of our trademarks.
The data and information that is originated through the WEBSITE as part of the services provided to Users and/or any other information or data related to a service contracted through the WEBSITE may only be used by the Users for the specific purposes related to that information.
SUBJECT MATTER AND SCOPE OF APPLICATION
These Terms and Conditions shall apply to any action performed by a User within the WEBSITE that allows a User to view, navigate, consult, transmit information, request information, request services, receive information, quote services, contract services or otherwise use and exploit the WEBSITE and its contents.
The section titles used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the WEBSITE or the content published here may be illegal for certain individuals or in certain countries. Users who access the WEBSITE do so at their own risk and are responsible for complying with the laws of the jurisdiction in which they are located. Failure by us to exercise our rights, or delay in doing so, shall not be considered as a waiver by us of our right to exercise or enforce any legal measures or remedies that may correspond to a current or future right. The partial exercise of any right, action or remedy on by or on our behalf under these Terms and Conditions shall not prevent the subsequent full exercise of the same.
The WEBSITE is not intended for minors (those under the age of 18) and we do not permit the use of the WEBSITE by such minors. By using the WEBSITE, you acknowledge and agree that you are at least 18 years of age and an adult according to the jurisdiction of your location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be liable for the acts of such minor which result in damage or loss caused to us or our affiliates by the use of this WEBSITE.
Our Right to Terminate Users
Without limiting any other provision of these Terms and Conditions, we reserve the right, in our sole direction and at any time, for any reason or for no reason at all, to deny you access to use the Website or any of its corresponding forms, links, or otherwise.
You are permitted to print or download extracts from the WEBSITE for your personal use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages of this WEBSITE. No part of the WEBSITE may be reproduced or transmitted to, or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without our prior written permission.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
“GRUPO PALACE ELITE® RESORTS”, “PALACE ELITE® RESORTS”,, “MOON PALACE ELITE®®”, “MOON PALACE ELITE® CANCUN®”, “MOON PALACE ELITE® GOLF & SPA RESORT®”, “MOON PALACE ELITE® GOLF ACADEMY®”, “THE GRAND AT MOON PALACE ELITE®®”, “MOON PALACE ELITE® NIZUC®”, “MOON PALACE ELITE® SUNRISE®”, “COZUMEL PALACE ELITE®®”, “BEACH PALACE ELITE®®”, “SUN PALACE ELITE®®”, “ISLA MUJERES PALACE ELITE®®”, “PLAYACAR PALACE ELITE®®”, “MOON PALACE ELITE® JAMAICA®”, “MOON PALACE ELITE® JAMAICA'S AWE-INCLUSIVE®”, “LE BLANC SPA RESORT®”, “LE BLANC®”, “LE BLANC SPA RESORT CANCUN®”, “LE BLANC SPA RESORT LOS CABOS®”, “PALACE ELITE® ELITE®”, “RIVIERA CANCUN GOLF AND RESORTS®”, “PALACE ELITE® PRODUCTIONS®”, “AWE SPA®”, “AWE PRINCESS BY AWE SPA®”, “PLAY ROOM®” and “CARIBBEAN BEACH DEALS” are trademarks reserved for products or services that are registered or are being registered before the proper authorities (henceforth the “trademarks”) owned by PALACE ELITE® and / or any of its subsidiaries.
We do not accept unsolicited ideas about marketing, advertising or products. Users should refrain from submitting material or ideas to the WEBSITE, including creative material of any kind. In the event that you submit material or content to this WEBSITE, any liability or damage arising from such action shall be your sole responsibility.
THIRD PARTY LINKS AND ADVERTISING
The Website may contain links to other sites and resources provided by third parties. These links, if any, are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through third party sites. We accept no responsibility for third party sites or for any loss or damage that may arise from your use of them. We make no representation, warranty, or implication that we endorse any third party sites or any materials, opinions, goods or services available on them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree that your use of this Website is at your sole risk. The materials on this Website are provided “as is” and “as available” and without warranties or conditions of any kind, whether expresses or implied. To the extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials on this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials or contents on this Website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Under no circumstances shall we or any of our affiliates, officers, directors, employees, or agents be liable for any direct, indirect, punitive, special or consequential damages, civil liability, or any personal damage that results from the use of, or the inability to use, the materials and contents on this Website or any links, forms, or other websites linked to this Website. You agree that in no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this Website.
MODIFICATIONS AND UPDATES TO THE WEBSITE
We, at any time and in our sole discretion, may revise, modify or update these Terms and Conditions. All changes shall be effective immediately upon posting them to the Website and shall apply to all access to and use of the Website thereafter. Your use or continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the new Terms and Conditions and agree to be bound by them. If you do not agree with the new Terms and Conditions, you should discontinue your use of the Website immediately. You are expected to check this page from time to time so that you are aware of any changes to the Terms and Conditions, as they are binding on you.
Geographic Restrictions, Jurisdiction, and Venue
We provide this Website for use only by persons located in the United States, Canada, Jamaica and Mexico. Use of this WEBSITE outside of these countries is expressly prohibited. We make no claims or representations that this Website or any of its content is accessible or appropriate for use outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, Canada, Jamaica or Mexico you do so on your own initiative and are responsible for compliance with local laws.
These Terms and Conditions shall be governed by and construed in accordance with Jamaican law which, by using the WEBSITE, you agree to. Any disputes arising out of or related to this Website and the use of this Website shall be governed by and construed and enforced in accordance with the Jamaican courts. You expressly waive any other jurisdiction or forum that you might be entitled to for any reason. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This document is the entire agreement between the parties.
You will indemnify, defend and hold us (including our parents, affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, your breach of these Terms and Conditions, your improper use of our services your breach of any law or the rights of a third party, or any combination of the foregoing.
YOU EXPRESSLY AGREE TO RELEASE OPERADORA PALACE RESORTS (JA) LIMITED FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU MAY HAVE IN CONNECTION WITH YOUR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS, OR BOTH. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
COMPLAINTS AND CLAIMS
If you have any questions, complaints, a dispute, comments or complaints regarding the Terms and Conditions or about the services provided by us, you can contact us at:
OPERADORA PALACE RESORTS (JA) LIMITED
Main Street, Ocho Rios, P.O. St. Ann, Jamaica.
February 04th, 2022