Privacy Policy
1. Privacy Statement
Prime Travelers Club by BDR and its parent, affiliates and subsidiaries (collectively “we”, “us” or “our”) are committed to protecting your privacy, and support a general policy of openness about how we collect, use and disclose your Personal Information (as defined below) in accordance with relevant data protection laws.
The purpose of this Privacy Policy is to inform you about our practices relating to the collection, use and disclosure of Personal Information that may be provided by you personally or through access to or use of our websites, services or products or that may otherwise be collected by us. By using any of our websites, mobile applications or other digital platforms that link to this Privacy Policy (collectively “Websites”), you consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.
This Privacy Policy also explains how you can contact us if you have a question about, want to access, make a change to, object to the processing of or delete any Personal Information that we may be holding about you. As one of our customers or someone else with whom we do business, you understand and agree that we collect, use and disclose your Personal Information in accordance with this Privacy Policy.
While this Privacy Policy is intended to describe the broadest range of our Personal Information processing activities globally, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of Personal Information we can collect or the manner in which we process that Personal Information. In those instances, we adjust our internal policies and/or practices to reflect the requirements of local law.
2. Where do we collect your personal information from?
Generally, we collect your Personal Information directly from you, whether over the telephone, in writing, or electronically, including through any of our Websites, online products or services that link to this Privacy Policy. We may also collect it from a third-party service provider (including, without limitation, your financial institution, or, where you use our mobile application, your mobile device manufacturer or mobile service provider), or someone acting on your behalf (family member or friend who books products or services for you). Unless and until we are advised otherwise, we will consider a third party booking on your behalf to have your authority to provide us with your Personal Information in the same manner as if you were providing that information yourself. In the case of Personal Information of minors or those incapable of providing consent on their own behalf, those consenting on their behalf must be parents, legal guardians or legal representatives, as appropriate. Parents, legal guardians or legal representatives shall exercise privacy and data protection rights on behalf of such individuals.
3. What Personal Information We Collect
For the purpose of this Privacy Policy, “Personal Information” means any information that can reasonably be used to identify a person, directly or indirectly, but does not include anonymous information or information that relates to a group of people rather than individuals where the information does not otherwise contain identifying information. We may collect your Personal Information during your dealings with us or while you visit our Websites, or where necessary to provide you with the products and services we offer, for example when you request a quote, make a reservation, contact us by e-mail or phone, or subscribe to our updates or newsletters. The types of personal information that we may collect and process (which may vary by jurisdiction based on applicable law) include, but not limited to:
- your name and surname, gender, personal and work contact details (such as address, telephone number, e-mail address) business title, date and place of birth, image, nationality, and passport, permanent residence card and visa information, which you (or someone acting on your behalf) provide when you purchase our products or services from us or create an account on our Website;
- information collected while at hotels such as guest stay information, including the hotels where you have stayed, dates of arrival and departure, goods and services utilized, special requests made, observations about your service preferences (including room and vacation preferences), telephone numbers dialed and faxes, texts and telephone messages received. We may collect this information directly from you or through our affiliates or third parties;
- your credit card or debit card details or other means of payment information accepted by us which you (or someone acting on your behalf) provide when you purchase our products or services;
- financial information, if you apply for loan or credit with us; [A1]
- any information necessary to fulfil special requests, including health conditions that require specific accommodation or services, dietary requests and/or special equipment you need to bring with you to accommodate a medical condition. We may collect this information directly from you or through our affiliates or third parties service providers;
- information, feedback or content you provide regarding your marketing preferences, in surveys, contests, or promotional offers, or to our Websites and those of third parties that have a commercial relationship with us. We may collect this information directly from you or through these third parties; and
- information collected while you access our Websites (we describe this in more detail in Section 9 “Links to Third Party Sites” below).[A2]
We may collect data that is sensitive such as ethnic background or origin, religion, past and current health, and will seek your consent under applicable law. This sensitive data will be treated accordingly.
The Personal Information we process is information that you or someone acting on your behalf knowingly provides to us or information that we receive from a third party. In case of Personal Information belonging to minors or mentally incapables under applicable law, we will seek consent of parents, legal guardians or legal representatives, as appropriate. Parents, legal guardians or legal representatives shall exercise data protection rights on behalf of such minors or mentally incapable people.
This Privacy Policy also applies to the Personal Information about you that we receive from a third party, in accordance with applicable laws, unless specifically covered by such third party’s privacy policy. In such case, any inquiries about the privacy practices of third parties should be directed to them. Any such third party is responsible for obtaining your consent for the collection, use and disclosure of your Personal Information by us as described in this Privacy Policy, and advising you of this Privacy Policy, including any amendments hereto.
We collect Personal Information about you only when you voluntarily provide it. You may always choose what Personal Information (if any) you wish to provide to us. However, if you choose not to provide certain details, some of your experiences with us may be affected (for example, we cannot take a reservation without a name).
4. How We Use Your Personal Information
The way we use your Personal Information may differ depending upon how you interact with us, and what services or products you request, and we provide. The sections below provide details on specific ways that we may use your Personal Information.
Subject to applicable laws, we may use your personal information in order to:
- render membership services such as hotel bookings, vacation packages and other travel services and products;
- membership upgrades; incentivize membership usage;
- register, confirm, provide and charge for hotel accommodation, services and products requested by you, including those services requested to third parties with a commercial relationship with us;
- provide you with a better or more personalized level of service, including information and services from a third party (such as additional guest services at hotels, local attractions, excursions and transportation options);
- manage your account on our Websites;
- respond to requests for information and services, including services from a third party (such as transportation providers and providers of excursions);
- fulfil contractual obligations to you, anyone involved in the process of making your travel arrangements (i.e. tour operators, travel agents, group travel organizers, family members, friends or your employer) and vendors (i.e. credit card companies, airline operators, excursion providers);
- provide for the safety and security of staff, guests and other customers;
- administer general record keeping;
- meet legal and regulatory requirements;
· advise you about new products and services that may be of interest to you, subject to your consent in accordance with applicable laws (may be considered as secondary or non-necessary purpose);
· communicate about, and administer your participation in, special events, programs, surveys, contests and other offers or promotions, subject to your consent in accordance with applicable laws (may be considered as secondary non-necessary purpose);
· develop and maintain our relationship with you and communicate with you;
· bill you for our products and services and collect outstanding debts;
· perform data analyses and conduct other research (such as market and consumer research and trend analysis) to develop, manage, protect and improve our products and services, Websites, and business (including analyzing the effectiveness of our marketing, sales and advertising) (may be considered as secondary non-necessary purpose); and
· as otherwise or permitted under applicable data protection laws. [A3]
5. When We Disclose Your Personal Information
Except with your consent, we will not transfer or assign in any form your Personal Information to or with third parties. From time to time, we may disclose your Personal Information as set out below. We would always make that disclosure in accordance with applicable data protection laws. In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries. When you agree to this Privacy Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your Personal Information to such other countries for the purposes set out in this Privacy Policy and to the extent stated in this section and as described in Section 4 “How We Use Your Personal Information” above. Circumstances where we might make such disclosure (in addition to those described in Section 4“How We Use Your Personal Information” above) include:
5.1. Our affiliates and subsidiaries
We may disclose and you authorize us to disclose your Personal Information with its affiliates and subsidiaries, for the business purposes described in this Privacy Policy.
5.2. Our Agents, Service Providers and Suppliers
We may share and you authorize us to share your Personal Information with third parties engaged to assist us in providing services to you or to carry out one or more of the purposes described above, including third party suppliers who offer their products or services through our Websites (such as hotels, ground transportation and excursion providers) and third parties or our affiliates who provide us with information technology, data processing, data storage and other services which assist us with delivering products and services to you. These third parties are prohibited from using your Personal Information for any purpose other than to provide this assistance and we oblige those third parties to protect your Personal Information in accordance with the terms and conditions of this Policy, with appropriate security measures. These third parties may not process or otherwise use your Personal Information, except in accordance with our Privacy Policy and in accordance with applicable law.
5.3. Legal Requirements
We reserve the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, or in the context of discovery procedures or if we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property in accordance with applicable laws. We also reserve the right to retain Personal Information collected and to process such Personal Information to comply with accounting and tax rules and regulations and any specific record retention laws.
5.4. Business Transfers
We reserve the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or completed corporate reorganization and to a related party or third party in the event of a proposed or completed purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, license, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing, the taking of security on, or securitization of all or any portion of us or of any of the business or assets or shares of us or a division thereof in order for you to continue to receive the same products and services from such related party or third party in accordance with applicable laws.
5.5. Other
We may also disclose aggregated and anonymized information, which no longer allows an individual to be directly or indirectly identified, for study or research purposes, for the production of statistics, and such other purposes as permitted by applicable law.
6. Your Choices
If you have subscribed to receive our and/or our affiliates promotional and marketing email communications, we may also use (but will not share) your Personal Information to send you relevant information by email based on your subscription preferences, including by means of direct marketing. With your prior consent, we may also share your Personal Information to our affiliates so that they can send you promotional materials directly by email.
You may unsubscribe at any time by clicking the unsubscribe link imbedded at the bottom of our email communications. Note, however, that our clients, regardless of their opt-in preferences, will continue to receive periodic emails that relate to their business relationship with us. You can also choose not to allow us to use your Personal Information for marketing purposes by contacting us as outlined below in Section 14 (see “Contacting Us”).
If you believe that any of the purposes of use described above do not originate from or are not necessary for your relationship with us or if you choose not to allow us to use your Personal Information for marketing purposes, you may request that we not process your Personal Information for those purposes by contacting us as outlined below (see “Contacting Us”).
7. Cookies
When you visit our Websites, we or one of our third party service providers may place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve information. The cookie cannot be read by any website other than the one that placed the cookie. Some browsers can be set to reject all cookies. If you choose to modify your browser in this manner, some pages of this Website may not function properly.
Upon your activation, these third party service providers may use cookies on our behalf to collect and store Internet log information, such as what time the visits occurred, whether the visitor has been to this site before, and what site referred the visitor to the web page. Geographic data may also be determined by the IP Address of the visitor’s computer. If you activate such function, this information collected by the cookie may be transmitted to our third party service providers and may then be used to evaluate visitors’ behaviour and to generate statistical reports for the website activity on our Websites and may be used for marketing purposes.
8. How We Protect Your Personal Information
We make commercially reasonable efforts to ensure that your Personal Information is protected against loss, theft and unauthorized access, communication, copying, use, or modification. This protection applies in relation to information stored in both electronic and hard copy form. Access to your Personal Information is restricted to selected employees or representatives on a “need to know” basis. We employ generally accepted information security techniques, such as firewalls, access control procedures and cryptography, to protect Personal Information against loss and unauthorized access.
In addition, we have implemented a comprehensive set of policies and practices to protect your Personal Information. These measures take into account the volume, sensitivity, intended use, and format of the information, and generally include the following:
· A comprehensive privacy framework that defines the roles and responsibilities of our employees throughout the data lifecycle, from collection to secure disposal, and includes a process for handling privacy complaints in a timely and effective manner. We also conduct regular privacy and data security training to keep our employees up-to-date with the latest practices and to promote a culture of privacy awareness within our organization.
· Internal policies and technical measures to limit access to your personal information within our organization to employees who need access to that information to perform their job functions. For example, depending on the nature and context of our interaction with you, certain types of information may be accessed by our customer support team to respond to complaints and inquiries.
· A dedicated Privacy Officer responsible for monitoring our compliance with applicable privacy laws and regulations and responding to privacy inquiries and complaints.
9. Links to Third Party Sites
Our Websites may offer links to other third party websites. You should be aware that operators of linked websites may also collect your Personal Information (including information generated through the use of cookies) when you link to their websites. We are not responsible for how such third parties collect, use or disclose your Personal Information, so it is important to familiarize yourself with their privacy policies before providing them with your Personal Information.
10. Retention and Cross-Border Transfers of Your Personal Information
Personal information collected by us is retained for as long as it is reasonably required for the purposes for which it was collected, or as permitted or required by law.
We operate and provide products and services to customers located in many different countries around the world. The global nature of our business means that your Personal Information may be transferred across national boundaries, including, potentially, to countries that do not require companies to look after your Personal Information in the way you have come to expect in your own country (or province of residence). Your Personal Information may be subject to the laws of such foreign jurisdiction and may be accessible without notice to you by the courts, law enforcement and national security authorities of such foreign jurisdiction. Where we transfer your Personal Information across national boundaries, we will protect your Personal Information by ensuring that those transfers are made in compliance with all relevant data protection laws.
11. Your Obligations
The safety and security of your Personal Information also depends on you. While many of our services are publicly accessible, your account information, where applicable, and some of our services are accessible only through the use of an individual user ID and password. To protect the confidentiality of your Personal Information, you must keep any password associated with your use of our services confidential and not disclose it to any other person. Please advise us immediately if you believe that the confidentiality of any such password has been compromised or that it has been misused. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
12. Your Privacy Rights
We are obliged to keep your Personal Information accurate and up to date. You can help us maintain the accuracy of your Personal Information by notifying us of any changes to this information. You may also contact our Privacy Officer as indicated below to withdraw your consent for processing your Personal Information, to access, correct, update, delete or object to the processing of your Personal Information, as well as to withdraw your consent to our use and/or disclosure of your personal information at any time subject to limited exceptions under applicable laws, or contractual requirements, and reasonable notice..
A request to access, correct, update or delete your Personal Information must be made in writing providing details of the Personal Information being sought. Depending on your jurisdiction, a minimal fee may be charged and, if so, we will inform you about the total cost.
In certain circumstances, we may need to restrict your rights to safeguard the rights of others, the public interest (for example, the prevention or detection of crime) and our interests (for example, the maintenance of legal privilege).
If you have an account on our Websites, you can view, manage and modify your Personal Information and preferences on your own, and you can opt in or out of features like electronic communications about our promotional offers and special offers from our partners.
13. Changes to this Privacy Policy
We reserve the right update or modify this Privacy Policy at any time without notice to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with Personal Information, as required or permitted by applicable law, including by posting an updated version on this Website, at which time we will update the effective date of this Privacy Policy to alert you of a change. Each time you use products or services that link or otherwise refer to this Privacy Policy, the version of this Privacy Policy then posted will apply to that use, so you should check this Privacy Policy each time you use such products or services. This Privacy Policy posted at any time or from time to time via this Website shall be deemed to be the Privacy Policy then in effect.
This Privacy Policy is effective as of December 15, 2023.
14. Contacting Us
If you have any questions about this Privacy Policy, about the processing of your Personal Information, or any concerns or complaints with regard to the administration of this Privacy Policy, or if you want to submit a written request concerning your Personal Information, then you may contact our Privacy Officer at via email at [email protected].
We may require you to confirm your identity (such as by providing government-issued identification) before processing any request in relation with your Personal Information.
15. Country Specific Addendum
· Operadora Vacacional de la Riviera, S. de R.L. de C.V. with it business address at Federal Highway 307 Cancun-Playa del Carmen, Calle Manzana 102 Lote 15 Km 332, 31, 77500 Cancún, Q.R., is the company responsible for processing and protecting your Personal Information in Mexico.
· Any request regarding your Personal Information will be answered within 20 business days from the date of your request.
Terms of Use
Last updated December ●, 2023
Please review the following terms and conditions carefully as they govern your use of www.primetravelersclub.com and its related subdomains, services and other sites and tools linked to them (each a "Website" or collectively the “Websites”). The following terms and conditions are an agreement (the “Agreement”) between you and Prime Travelers Club by BDR or its parent, subsidiary, affiliate or partner (“we”, “us” or “our”), as applicable.
By using the Websites or any service or business offered on the Websites, you agree to be bound by the terms of this Agreement. If you do not agree with any of the terms of this AgreemenT do not access or use the Websites.
1. Changes to the Agreement or Website
1.1 We reserve the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Websites. Each time you use the Websites, you should review the current terms of this Agreement. Your continued use of the Websites will indicate your acceptance of the current Agreement. We also reserve the right to modify, change, supplement, delete, update, discontinue, or suspend the Websites including any products or services contained on or referenced on our Websites, without notice to you and without liability.
2. Representations and Warranties
2.1 By accessing or using the Websites, you represent and warrant to us that you:
(a) are of the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement;
(b) by purchasing any products or services contained on the Websites, you are not breaching any other agreement or obligation or any provision of any laws or regulations;
(c) you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act;
(d) consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any third party, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete;
(e) accept full responsibility for all fees, charges, taxes, duties, assessments and any other financial liability resulting from your use of our Websites under your name or account, as well as all use of others using your name or account on our Websites; and
(f) agree to supervise all persons who are not of the age of majority in your jurisdiction that access or use the Website under your name or that use your name or account.
3. Use of Website
3.1 As a condition of using the Websites, you agree not to access or use the Websites for any purpose that is unlawful or that is prohibited by this Agreement. You may only access or use the Websites for your personal use and not for commercial use or purposes.
3.2 You agree that, in accessing or using the Websites, you will not commit or participate in any of the following acts or actions either directly or indirectly, each of which is expressly prohibited under this Agreement:
(a) Use the Websites for any purpose that is illegal or unlawful;
(b) Use the Websites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner;
(c) Use the Websites to violate the legal rights of others, including without limitation others' privacy rights, harvest or collect personally identifiable information about other users of the Websites; or copyright, trade‑mark, trade secret, right of publicity or other proprietary rights;
(d) Use the Websites to make fraudulent, illegitimate or illegal reservations or purchases. We reserve the right to cancel any and all such prohibited reservations without notice and without liability;
(e) Use the Websites for sending junk mail, spam, solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such list;
(f) Pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of our or any third party that provides services related to the Websites;
(g) Create a hypertext link from any web site controlled by you or otherwise, to the Website unless we provide you with our express written consent;
(h) Modify, adapt, translate, reverse engineer, decompile, disassemble, reproduce, duplicate, create any derivative works, sell, resell, license, display, publish, distribute or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Websites or information, products, services and software contained or offered on, or obtainable by, through or from the Websites;
(i) Probe, scan or test the vulnerability of the Websites or any network connected to the Websites nor attempt to gain unauthorized access to data or any portion or feature of the Websites, or any other systems or networks connected to the Websites or our servers, or to any of the services offered on or through the Websites, that you are not authorized to access including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation: "data mine", "screen scrape", data process, access, extract, copy, distribute, aggregate or acquire information, generate impressions or clicks, input or store information, search or generate searches, manipulate or monitor any portion or content of the Websites, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the Websites;
(j) Use or access the Websites in any way that, in our opinion, has a negative effect on the performance or function of the Websites, or any other computer systems or networks used by us including, but not limited to, uploading or transmitting to the Websites or use any device, software or routine that contains malicious or unauthorized code, virus, worm, Trojan horse, malware, or program that are intended to damage, interfere or attempt to interfere with, intercept, interrupt, alter, destroy, impair or otherwise affect the proper and normal operation of the Website or take any action that imposes an unreasonable load on our computer equipment; and
(k) Engage in any other conduct or activity that either conflicts with this Agreement or that we deem, in our sole, absolute and unrestricted discretion, to be in conflict with this Agreement.
4. User ID and Password
4.1 Access to and use of password protected and/or secure areas of the Websites is restricted to registered, authorized users only. If you are an authorised user, you are entirely responsible for maintaining the confidentiality of the information of your account, including passwords and all activity that occurs under your account. You must keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
4.2 Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution.
5. Termination
5.1 We, at our sole discretion and without prior notice, may terminate or restrict your access to all or any component of at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Websites. If you continue to access the Websites after such termination, your use shall constitute an act of trespass.
6. Linking
6.1 The Websites may provide you with convenient links and references to other websites that are owned and operated by third parties. We do not sponsor or endorse any information, products or services contained on or offered through any of the linked websites (“Linked Websites”). Likewise, we do not sponsor or endorse any persons or entities that are associated with Linked Websites. These third party sites and content are not maintained, operated or controlled by us, and we do not provide any guarantees regarding these Linked Websites. You assume sole liability for the access or use of such third party sites and content. You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Websites including any of our icons, logos, or trademarks without our prior written consent.
7. Intellectual Property Rights
7.1 The content and data (including information relating to the pricing and availability of travel), as well as the Websites’ infrastructure used to provide such content and information, is owned, controlled or licenced to us. All material contained on the Websites, unless otherwise indicated, is protected by law including, but not limited to, copyright, trademark law, and unfair competition laws as well as other state, national, and international laws and regulations. You acknowledge that all right, title and interest in and to the Websites and any and all intellectual property rights associated therewith are exclusively owned by us. You will not contest the validity of any trademark or our exclusive ownership of it.
8. Privacy
8.1 Your submission of information on the Websites is subject to our Privacy Policy https://www.primetravelersclub.com/privacy-policy/ This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
9. Liability Disclaimer
11.1 THE WEBSITES AND ALL information, PRODUCTS or services are provided “as is” AND “AS AVAILABLE” BASIS without warranty, condition, representation or guarantee of any kind, either express or implied, including, without limitation, any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement OF INTELECTUAL PROPERTY, ALL OF WHICH We HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT OUR WEBISTEs, ANY FUNCTION CONTATINED IN THE WEBSITES AND/OR OUR INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR WEBSITES (OR LINKED WEBSITES) AND/OR INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE. YOUR SOLE REMEDY AGAINST us FOR DISSATISFACTION WITH THE WEBSITES OR ANY CONTENT IS TO STOP USING THE WEBSITES OR ANY SUCH CONTENT.
11.2 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honour reservations or information affected by such inaccuracies. If errors and omissions occur, WE reserve the right to cancel the reservation and refund any monies collected.
11.3 TO MAXIMUM EXTENT PERMITTED BY LAW, In no event shall WE, our PARENT, subsidiaries, affilates and third parites connected to us be liable for any direct, indirect, punitive, incidental, special, consequential, OR any other damages ( INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) arising out of or in any way connected with: (A) the use of, the delay or inability to use or results of the use of the Websites, any linked websiteS and any information or materials posted on them; (b) UNAUTHORIzED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITES; (d) ANY OTHER MATTER RELATING TO THE SITES; (E) Breach of this agreement; or (F) any act or omission OF OURS; whether based in contract, tort, strict liability, or otherwise, even if WE HAVE been advised of the possibility of damages.
11.4 In the event that the foregoing limitations are not enforceable, OUR liability incurred in connection with this Agreement shall not exceed the amount of payments received by US from you.
11.5 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
10. Indemnification
12.1 You agree to defend, indemnify and hold us and our affiliates and each of our directors, officers, shareholder, employees and agents harmless from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) your (or anyone acting under your name and account) use of the Websites; or (b) your breach of any representation, warranty, condition or other provision of this Agreement.
11. Miscellaneous
13.1 Waiver. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
13.2 Severability. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
13.3 Assignment. You may not assign your rights or obligations under this Agreement. We may assign our rights and obligations under the Agreement.
13.4 Entire Agreement. This Agreement represents the entire agreement between you and us with respect to the use of the Websites. Any rights not expressly granted herein are reserved.
13.5 Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Barbados law. Any action will be brought in the courts of St. Michael, Barbados, [PC1] and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.