Welcome to Grace Bay Club’s newsletter service, an online service of Grace Bay Club ("GBC"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
During the term of this Agreement, Grace Bay Club grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify GBC and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.
GRACE BAY CLUB reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. GRACE BAY CLUB also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, GRACE BAY CLUB is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
The Service is the personal property of GRACE BAY CLUB. GBC retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by GRACE BAY CLUB or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
GRACE BAY RESORTS, GRACE BAY CLUB, WEST BAY CLUB and their respective logos are trademarks of GRACE BAY RESORTS, Inc.. All other trademarks on the Service are the property of their respective holders.
It is the policy of GRACE BAY CLUB to respond expeditiously to claims of intellectual property infringement. GRACE BAY CLUB will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. GRACE BAY CLUB will terminate access for subscribers and account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to [email protected] or the person or entity at the addresses and telephone number below:
Grace Bay Club
Grace Bay Circle Road
P.O. Box 128 Grace Bay
Turks & Caicos Islands
Tel.: (+1) 649 946 5050
Fax: (+1) 649 946 5758
All requests for licensing, reprints, linking and other usage of material on www.gracebayclub.com should be addressed to [email protected]. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 72 hours of each request.
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GBC DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. GBR IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND GBC DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.
GBC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF GBC HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL GBC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that GBC is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by GBC of that Web site.
You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.
GBC may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to GBC via e-mail at [email protected], by postal mail to Grace Bay Circle Road, P.O. Box 128 Grace Bay, Providenciales, Turks & Caicos Islands.
GBC reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by GBC to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against GBC (its employees, officers or directors resulting from your actions) you shall be liable to GBC for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the Turks & Caicos Islands, as applied to contracts entered into and performed within the Turks & Caicos Islands. You agree to grant jurisdiction over yourself to the courts of the Turks & Caicos Islands and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
The privacy and security of your information is very important to us. Whether you are booking a room or just a prospective client browsing our website (the “Site”) and looking at our property/services, we want you to trust that the information that you have provided to us is being properly managed and protected.
Information we collect:
Information you give us. In your use of the Site, you may provide us with various information that personally identifies you. For example, we collect information from you when you make a booking through our reservation system or stay at the Resort. Information collected during the course of the reservation and during your stay may include: Your name, email address, home and business address, phone number, nationality and payment card information; and Information such as stay and room preferences made during the course of your reservation such as your preferred room type and specific requests to the Resort.
This information may be provided to us directly when you make a reservation through our reservation system, through our websites, directly at the Resort or through mobile applications. In some cases we may receive this information from a third party, such as when you book through an online travel agency (OTA) or tour operators and affiliate booking sites.
We also collect information from you when you browse the Site, use our mobile applications or participate in certain services at the Resort, such as wireless internet services. In these instances, information such as your country information, internet protocol (“IP”) address, media access control address and other characteristics about your system or device may be automatically collected. This information may be collected for functional purposes as well as to improve your experience when using these services. This information may also be used for aggregated trend and statistical analysis, and for showing you more relevant advertisements and messages. Site usage may also provide us with other information including, without limitation, domain server, type of computer, and type of web browser and other relevant information about your online experience and use of the Site.
When you visit this Site, the Resort may store some information on your computer. This information will be in the form of a "cookie" or similar file and can help us maintain and improve this Site. A "cookie" is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. When you visit the website again, the cookie allows that site to recognize your browser. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase "cookies" from your computer hard drive, block all "cookies," or receive a warning before a "cookie" is stored. Please refer to your browser instructions to learn more about these functions.
We use the information collected from you primarily to fulfil your Resort reservation. Prior to your stay this may include sending your information to the Resort or sending you pre-stay communications. Following your stay, we may also send you post-stay communications and satisfaction surveys to get feedback on your experience. In some instances where we have your consent or where permitted under applicable law, we may send you marketing communications (which may include text messages) for products and services that we believe would be relevant for you. We also may use information related to your stay to display targeted advertisements on our websites or on third party websites or to send you more relevant messaging. Additionally, we use this information for purposes of aggregated trend and statistical analysis to evaluate and improve our products and services, plan new Resort locations and services and other market research.
We will share your information with the Resort you are staying at to fulfil your reservation. We may also share your information with third party service providers to provide services in relation to our business as well as to help us improve our products and services. For example, we might use a third party or a third party product for the purposes of market research and data analytics. In certain instances, subject to local consent requirements, third party service providers may also assist us with various marketing campaigns. We may also share your information with third parties to extend special offers about their own products and services to you. Any such parties will need to agree to comply with our privacy requirements before we provide them with information. Aside from the purposes described above, we do not share your stay information with any other third parties unless we have your consent or under special circumstances, such as: when we believe in good faith that the disclosure is required by law or to protect the safety of Resort guests, employees, the public or Resort property; when disclosure is required to comply with a judicial proceeding, court order, subpoena, warrant or legal process; or in the event of a merger, asset sale, or other related transaction.
As the Resort is affiliated with other Resorts owned by affiliated companies, the information that you provide us during the course of a reservation or through the provision of any other services may be transferred to any of our affiliated entities and Resorts around the world for the purposes of carrying out or facilitating these services.
We may receive information about your location during the course of and for the purpose of providing you the services described above through your use of our websites and mobile applications. For example, if you are using our mobile applications and have consented to sharing your location information with us, this information might be collected through GPS or Bluetooth technologies to enable us to provide certain services to you such as customized offers and promotions. In addition to your use of our websites and mobile applications, we may also receive location information from wireless networks or cellular towers in proximity to your mobile device, through your internet protocol (“IP”) address or through your use of other services we provide at our Resorts, such as wireless internet services. We may also have access to location information that you provide to us through your use of social media, such as when you “tweet” your location. Your location preferences can be set or modified at the device level or through modifying your settings with the relevant social media platform.
We may use various social media features such as the Facebook “Like” button on our websites and mobile applications. Certain information may be shared or otherwise provided to us through your use of these features in conjunction with our services and programs. Subject to your account and privacy settings, we may also be able to see information that you post when using these social media platforms whether or not you are using one of our services. In some instances, depending on the circumstances, we may contact you on these social media platforms. The information you post on social media sites as well as the controls
surrounding these disclosures are governed by the respective policies of these third parties. How we secure your information. We are committed to protecting the confidentiality and security of the information that you provide to us. To do this, technical, physical and organizational security measures are put in place to protect against any unauthorized access, disclosure, damage or loss of your information. The collection, transmission and storage of information can never be guaranteed to be completely secure, however, we take steps to ensure that appropriate security safeguards are in place to protect your information.
We want to ensure that you have the necessary tools at your disposal to control the information that you provide to us, including how we communicate with you. It is also important that you contact us to update your information if any of it is inaccurate or changes.
Through the provision of the services described above, we and in some instances our third party partners and service providers, may communicate with you in relation to a reservation or to support any other services that we provide.
California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us through one of the methods listed under the “How to contact us” section. Please allow up to thirty (30) days for a response.
Our websites and applications may contain links to websites that are maintained and/or controlled by third parties. We make no representations or warranties with respect to such third-party websites. We encourage you to review the privacy policies of these third party websites as their privacy practices may differ from ours.
Our websites are not intended for children and we do not intentionally solicit or collect personal information from individuals under the age of 18. If we are notified or otherwise discover that a minor’s personal information has been improperly collected, we will take all commercially reasonable steps to delete that information. In limited instances, we may have a campaign or program targeted towards children. In these instances details on the information practices will be presented within the terms and conditions of the program or campaign.
March 26, 2019