Totally Barbados Disclaimer & Terms and Conditions
Disclaimer, Terms and Conditions last updated on: April 1st, 2013
Please read the following terms and conditions carefully. By using this web site, you acknowledge that you have read the following disclaimers and terms and conditions of use and that you accept and will be bound by the terms thereof, as they may be modified by
Totally Barbados / Brecal Inc.
from time to time, as posted on this web site. If you do not agree to the terms and conditions of use, do not use this web site. Any use of the web site is at the sole risk of the user.
Information © 2005 – 2013 by Totally Barbados / Brecal Inc.
All information, graphics and photographs on this web site are copyrighted by
Totally Barbados / Brecal Inc.
or their respective owners, and are protected by the copyright laws of the United States of America, Canada, the Caribbean and Barbados.
The posting of information or other materials to this web site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade names, or other intellectual property) and does not transfer any rights to a user of the web site or any other third party, except as expressly provided herein.
Limited Disclaimer of Copyright – any person is hereby authorized to
view the information available from this web site for informational purposes
only. No part of the information at this web site can be otherwise
redistributed, copied, or reproduced in any form without prior written consent
of Totally Barbados / Brecal Inc.
Disclaimer of Warranties – this web site’s information and data are provided “as is” without warranty of any kind or nature, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Further, Totally Barbados / Brecal Inc. makes no representation or warranty with respect to the accuracy, completeness, correctness, timeliness, or
correctness of the information or data on this web site, and
Totally Barbados / Brecal Inc. specifically disclaims any and all warranties, whether express, implied, statutory or otherwise, with respect to same.
Totally Barbados / Brecal Inc. diligently strives to maintain accurate, complete, correct, timely, and current information or data on this web site, but shall not be liable for any potential, consequential, exemplary, incidental, indirect, or special damages arising out of, from, incident to, or in connection with any information or data accessed or used via this web site.
Totally Barbados / Brecal Inc. periodically amends, changes, adds, deletes, updates or alters the information or data, including, without limitation, the terms and conditions of use, at the web site without notice. However,
Totally Barbados / Brecal Inc. assumes no liability or responsibility for any errors or omissions in the content of the web site and
Totally Barbados / Brecal Inc. specifically disclaims any duty to update the information or data on the web site.
Additionally, reference to the corporation (Totally Barbados / Brecal Inc.) and its services and products are also provided “as is” without warranty of any kind, either express, implied or otherwise.
In no event shall Totally Barbados / Brecal Inc. or any other party involved in the creation, production, maintenance, or delivery of the information or data at this web site be liable for any special, incidental, indirect, exemplary, or consequential damages of any kind, or any damages whatsoever resulting from computer virus, system failure, loss of use, loss of information or data, loss of business, or loss of profits, whether or not advised of the possibility of damages, and under or on any theory of liability, arising out of or in connection with the use, accessibility, or performance of this web site (or the information, data, or services provided at this web site), on any web site related to any third party, or for users’ inability to use or access the information, data, services or materials contained in the web site (or any other web site).
Further, in no event shall Totally Barbados / Brecal Inc.‘s liability to users for all damages, losses, claims, demands, actions, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed the amount, if any, paid by users to
Totally Barbados / Brecal Inc. for accessing the web site.
Descriptions of, or references to, products, services or publications within the
Totally Barbados web site do not imply endorsement of that product, service or publication.
Totally Barbados / Brecal Inc. makes no warranty of any kind with respect to the subject matter included herein or the products, services, or publications listed herein.
Finally, without making any other defenses provided by law, Totally Barbados / Brecal Inc.
shall not be liable for any demand or claim, regardless of form of action, arising out of, from, or incident to the posting of information or data on this web site, the accessing or using of any information or data on this web site, and/or the acts or omission of any person or entity accessing or using any information or data from the web site. This includes, but is not limited to, demands or claims arising out of, from, or incident to incorrect, inaccurate, or incomplete information or data accessed or used.
Privacy Policy:
This website uses Google Analytics to help analyze how users use the site. The tool uses
“cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The
information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to
evaluate visitors’ use of the website and to compile statistical reports on website activity for Totally Barbados / Brecal Inc.
We will never (and will not allow any third party to) use the statistical analytics tool to track or to collect any Personally Identifiable Information of
visitors to our site. Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP
address with the identity of a computer user.
Totally Barbados / Brecal Inc. will not associate any data gathered from this site with any Personally Identifiable Information from any source,
unless you explicitly submit that information via a fill-in form on our website.
For more information about Google Analytics, view their terms of service here:
http://www.google.com/intl/en_uk/analytics/tos.html
Google Analytics Opt-out Browser Add-on: To provide website visitors more choice on how their data is collected by Google Analytics, we have developed
the Google Analytics Opt-out Browser Add-on. The add-on instructs the Google Analytics JavaScript not to send any information about the website visit to Google
Analytics.
If you want to opt-out, download and install the add-on for your current web browser. The Google
Analytics Opt-out Browser Add-on is available for Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari and Opera.
Indemnification by User – user agrees to indemnify, defend and hold
Totally Barbados / Brecal Inc. harmless from any liability, loss, claim and expense, including attorney’s fees related to a user’s violation of these terms and conditions or the use of the services and information provided at this web site.
Links to other web sites – this web site contains links to other web sites.
Totally Barbados / Brecal Inc. is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by
Totally Barbados / Brecal Inc.. Inclusion of any linked web site does not imply
approval or endorsement of the linked web site by Totally Barbados / Brecal Inc..
Submission of Information, Bookings and Inquiries – all information transmitted or otherwise submitted to
Totally Barbados / Brecal Inc. via this web site shall be deemed to be the property of
Totally Barbados / Brecal Inc. and shall be free to use such information for any lawful purpose.
Totally Barbados / Brecal Inc. shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by
Totally Barbados / Brecal Inc. or as required by law. Users should note that electronic transmissions to and from this web site are not confidential and may be read or intercepted by others.
For those persons posting Bookings or Inquiries through our website, your email address will be added to our email marketing database. To be removed from the
database, you only need to send an e-mail through the contact email addresses on our website and / or the user can automatically “unsubscribe” from any of our
email newsletters.
General – these terms and conditions will be governed by and construed in accordance with the laws of the Barbados and without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Barbados, West Indies. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.
To the extent any portion of these terms and conditions shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these terms and conditions as so modified will remain in full force and effect.
Any waiver of any provisions contained in these terms and conditions by Totally
Barbados / Brecal Inc. shall not be deemed to be a waiver of any other right, term or provision of these terms and conditions.
Please read the following terms and conditions carefully. By using this web site, you acknowledge that you have read the following disclaimers and terms and conditions of use and that you accept and will be bound by the terms thereof, as they may be modified by
Totally Barbados / Brecal Inc. from time to time, as posted on this web site. If you do not agree to the terms and conditions of use, do not use this web site. Any use of the web site is at the sole risk of the user.
Internet Browser Disclaimer – in order to experience this web site’s rich media implementation, we recommend you use one of the following browsers:
Microsoft Internet Explorer
Google Chrome
Mozilla Firefox
Apple Safari
Opera
We also recommend that you turn on JavaScript support in your browser’s settings and have Macromedia flash
enabled.
