Terms & Conditions
You will retain ownership of all User Generated Content that you post and permit us to use. You grant Baha Mar a non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, reformat, publish, broadcast, distribute, create derivative works of, and otherwise utilize your User Generated Content on the Baha Mar Sites in connection with the Baha Mar Services. Baha Mar’s use of your User Generated Content may be viewed by you and others. Baha Mar may elect to display or utilize your handle, your byline or associated geographic or location information that is associated with your User Generated Content or otherwise provided by you when we utilize your User Generated Content. If you agree to these terms, Baha Mar’s use, if any, of your User Generated Content is in Baha Mar’s sole discretion and Baha Mar shall have no obligation to use your User Generated Content.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Baha Mar. You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Baha Mar’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with the Site, its content, or its operation without Baha Mar’s prior express written consent.
You have the right to request that we cease all further use of your User Generated Content, which you may request by notifying us at email@example.com providing the following information: your name, email address, content origin, social platform, user handle, and User Generated Content description. Baha Mar will take reasonable, good-faith steps to confirm that you are the owner of the User Generated Content and to cease additional use of such specifically identified User Generated Content within ten (10) business days thereafter. However, you acknowledge that Baha Mar may not be able to eliminate uses of your User Generated Content that have already been produced or distributed, or are in the process of production or distribution, and not all User Generated Content is capable of being completely or permanently removed. Baha Mar may remove User Generated Content from any use or material for any reason and at any time, without notice.
Baha Mar will not be responsible for any other party’s use of your User Generated Content, even if such third party’s use originated with or is derived from our use.
You are responsible for maintaining the secrecy of your passwords, log-in, and account information, if any. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.
You represent to Baha Mar that:
• you are at least eighteen (18) years old and each individual whose image or likeness is captured in your User Generated Content is at least eighteen (18) years old;
• you own all rights to your User Generated Content and all intellectual property incorporated therein or, alternatively, you have the right to grant Baha Mar the rights and license described above;
• you have paid and will pay in full any fees or other payments that may be related to the production or use of your User Generated Content;
• your User Generated Content does not infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.
• your User Generated Content does not contain any false or misleading representations or endorsements.
You acknowledge that Baha Mar has reasonably relied on the above representations and that you shall be responsible for and will indemnify and hold Baha Mar harmless against any claims and liabilities that may result from the inaccuracy of these representations or from the content of your User Generated Content. Baha Mar has no responsibility or liability to you or anyone else for any damages that may result from or in connection with Baha Mar’s access to or use of the User Generated Content, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based. Baha Mar hereby disclaims all such damages to the maximum extent allowed by applicable law.
These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near New York, NY, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Any prevailing party in a dispute shall be entitled to an award of its attorney’s fees and costs payable by the non-prevailing party to such dispute.
If you believe that any User Generated Content on any of the Baha Mar Sites infringes a copyright, you may send a written notification of copyright infringement to firstname.lastname@example.org
2 What Is A Cookie?
2.2 Some cookies require your consent, while others are exempt.
2.2.2 Cookies subject to consent: All other cookies that are not strictly necessary to use the Services still fulfil important tasks. Without these cookies, functions intended for your convenience on our Services, such as your personal settings or the automatic filling in of form functions could not be retained and would therefore have to be re-entered on every page.
2.3 Types of Cookies We Use. Baha Mar uses four types of cookies: strictly necessary cookies, performance cookies, functional cookies and cookies for marketing purposes.
2.3.1 Strictly necessary cookies are essential in order to enable you to move around the Services and use its features. These temporary cookies only last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation on our Services. Without these cookies, services you have asked for cannot be provided – for example, remembering previous actions (e.g. entered text) when navigating back to a page in the same session. Once you close your browser, the cookie disappears.
2.3.2 Performance cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Services and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. These cookies do not save information that would allow the user to be identified. The collected information is aggregated, and therefore made anonymous. These cookies are used exclusively to improve the performance of the website, and with it the user experience.
2.3.3 Functional cookies enable the Services to save information which has already been entered (such as user names, languages choices, and your location), so that it can offer you improved and more personalized functions. For example, when you book a room, our Services can offer you local tax information if it uses a cookie to remember the region in which you are currently located. Functional cookies are also used to enable features you request such as playing videos. These cookies collect anonymous information and cannot track your movements on other websites.
2.3.4 Cookies for advertising purposes are used to display advertisements to users that are more targeted and adapted to their interests. They also are used to limit the frequency with which an advertisement appears and measure the effectiveness of advertising campaigns. They register whether a person has visited a website or not. This information may be shared with third-parties advertisers. Cookies for improving target group appeal and advertising are often linked with page functionalities of third-party providers.
2.4 First-Party Cookies: Some of the cookies are used exclusively by Baha Mar, and therefore are called “first-party cookies”. These cookies include functional cookies to remember a user’s language selection or performance cookies to identify repeated website visits from the same user. Other permanent cookies include those use to improve the user experience on our website, including recording whether a user closed an auto pop-up message so that we do not display it again.
2.6 How Long are Cookies Stored on My System: “Session cookies” are stored for the duration of a browser session; when you close the browser, the cookie is deleted. “Persistent cookies” are stored for a preset amount of time (often between 90 days and two years, depending on the application) and are typically not deleted when a browser session is closed. Your choices may affect whether we use session or persistent cookies for a particular application. For example, ordinarily the Website stores signed-in status on a session cookie, and each time you start a new browser session you must log in again. However, if you select “Remember Me,” signed-in status is instead stored on a persistent cookie.
3 How To Control And Disable Cookies
3.1 You can disable cookies at any time by adjusting your browser settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across different browsers.
3.2 Please be aware, however, that if you turn off cookies, you may not be able to take full advantage of all of our Services:
3.3 Third-Party Cookies. For more information regarding targeted advertisements and/or to opt out of automatic collection for these purposes, please visit http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp. Within the EU and Canada the local DAA organisations operate a similar “ad choices” scheme: see http://www.youronlinechoices.com (Europe) and http://youradchoices.ca/ (Canada). You can also review choices relating to cookies used for behaviorally targeted advertising by visiting http://www.youronlinechoices.com. If you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.
4 Google Analytics
4.2 You also can opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: (click here https://tools.google.com/dlpage/gaoptout?hl=en-GB).
5 Web Beacons
5.1 We use web beacons (also called web bugs, pixel tags, or clear GIFs) primarily to collect and maintain aggregated data (such as the number of visitors) to help us see which areas are most popular with our users and improve and update the content on our Services. Web beacons also help us measure the effectiveness of our online advertising and/or e-mail campaigns by, for example, counting the number of individuals who visit our Services or the number of individuals who open or act upon an e-mail message. Some of the information we collect using web beacons may be personally identifiable. We may combine this information with other Personal Data we have collected about you to better tailor our marketing or Services content to you and may use this information for other purposes, such as internal research.
6 Adobe Technologies
6.1 Baha Mar may use Adobe Flash and other technologies to collect and store information about your use of the Services. If you do not have Adobe Flash stored on your computer or devices, you can adjust the settings of your Flash player using the tools contained in the Website Storage Settings Panel. Baha Mar uses this information to ensure that the Services creates value added for users.
6.2 The deployment of Adobe involves capturing data by means of Adobe Analytics and Adobe Dynamic Tag Management, which are then anonymized, processed and stored in Adobe computing centers in Europe. If you wish to fully reject data capture by Adobe, you can do this by completing the opt-out process on the Adobe website. https://www.adobe.com/be_en/privacy/opt-out.html.
6.3 To disable “flash cookies,” you can adjust the setting of your Flash player to block Flash cookies using the tools contained in your website storage settings panel. More information can be found on Adobe’s website.
6.4 Baha Mar will be responsible for your personal data provided to, or collected by or for, our Services.
We may make changes to these Terms and Conditions from time to time in our sole discretion. Each time changes are made to these Terms and Conditions, a revision will be posted on our website; however we are under no obligation to notify you. Your continued use of our website and the services at our Resort constitutes your acceptance of changes.
Baha Mar, Life Spectacular, Baha Mar The Bahamian Riviera, Bond, Royal Blue, The Baha Mar Residence Club, Baha Mar The New Riviera, The Caribbean Riviera, The New Riviera, The Bahamian Riviera, Spectacularly Real, the Flower Logo and the RB Design are the trademarks of Perfect Luck Assets Limited Corporation, registered in various jurisdictions. Explorers Club, Club Blu, SLS, Rosewood, The Sanctuary and Crystal Palace Casino are also trademarks of Perfect Luck Assets Limited Corporation. ©2017-2018 CTF BM Operations. All Rights Reserved.
VENUE FOR LEGAL CLAIMS & REGISTRATION
By registering as a guest at any of the Hotels, you agreeing to the following terms related to any claims you may have as a result of your stay at the Resort: “I agree that any claim I may have against CTF BM Operations Limited, or its parent, related and affiliated companies at every tier, and the officers, directors, employees, agents, representatives, successors and assigns of each of the foregoing entities resulting from any events occurring in The Commonwealth of Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf and bind them to this agreement.“ If you are unwilling to agree to these terms and conditions, prior to signing any registration documents and checking into any Hotel or using any service of the Resort you may revise the language by crossing out any words of this portion of the form only. We reserve the right to review any change you make. You will also be required to sign a liability waiver and assumption of the risk form relating to use of the Resort’s sports and other activities.
BOOKING AND CHECK-IN PROCEDURES
Please confirm the policy regarding booking multiple rooms, underage guests and check-in/check-out times directly with the specific Hotel you are staying with. Upon check-in at all Hotels, you are required to place a credit card on file or pay cash as your security deposit for your incidentals. There will be a holding charge on your credit card, which is calculated on various factors.
PROOF OF CITIZENSHIP
Please ensure that you have proof of citizenship for all guests available at check-in. To enter The Bahamas, citizens from countries other than the U.S. and Canada may be required to have a valid visa; please consult your local embassy. Some passports are required to have validity beyond six months from the date of travel, which requirement will be enforced. Your failure to have such documentation may result in automatic flight cancellation or denial of boarding without the right to a refund from the Resort.
Please plan on departing the Resort at least three hours prior to your scheduled flight’s departure time to allow for check in and clearing immigration. If you are traveling to the United States, there is United States Customs and Immigration at Nassau International Airport, which is the only security and border crossing check point required.
Commercial photography or videography of any kind at Baha Mar or of the Baha Mar property is strictly prohibited unless otherwise approved in advance by Baha Mar. Requests to photograph and film at Baha Mar will be evaluated on an individual basis. Due to liability requirements, confidentiality agreements and guest privacy, all photography, film, and videography requests are subject to discretionary approval by the Legal Department and Marketing Department of BahaMar. Baha Mar reserves the exclusive right to grant or refuse access to any photography, film, and videography request. Baha Mar further reserves the right to require a written agreement and certificates of insurance for any parties engaged photography or videography which captures images or sound on the property for commercial use. All media requests which involve photography, film, and videography must be approved in advance and under escort by the Director of Marketing or a designee. No guest of the hotel should be photographed without their explicit permission by any photographer or videographer at any time. Photography is never permitted in the Men’s or Women’s Spa facilities or the restroom facilities located throughout the property. The use in photography or videography of any Baha Mar trademarks including but not limited to images, logos, slogans, titles and names require written consent of same obtained in advance from the Baha Mar Legal Department prior to their use and display. Any violation of these policies may involve suspension of your privileges at Baha Mar in addition to penalties or other actions that may be taken through civil judicial proceedings or by any Bahamian law enforcement including but not limited to criminal trespass and misappropriation.
Visitors to Baha Mar should be advised that the transport of unmanned or remotely piloted aircraft (referred to herein as “drones”) into the Commonwealth of the Bahamas is a regulated activity which requires prior notice, registration and approval from The Bahamas Civil Aviation Authority. The use of drones in The Bahamas is regulated by the Civil Aviation Code. In keeping with regulatory guidelines and out of safety concerns for guests, employees, and Baha Mar property, as well as concerns for individual privacy, Baha Mar prohibits the operation or use of drones without prior written authorization from The Bahamas Civil Aviation and Baha Mar. This prohibition includes drones used for any purpose whatsoever, whether filming or videotaping for commercial or personal purposes, including use by media or journalists. This prohibition extends to any drones launched or operated from Baha Mar property and drones launched from private property outside of the Baha Mar campus but flying within Baha Mar property boundaries or above Baha Mar facilities, whether launched from land or sea-based pilot stations. If drone use is authorized by Baha Mar for an event, such use must be in accordance with the Bahamian Civil Aviation rules and regulations as well as any policies separately established by Baha Mar. Any violation of these policies may involve suspension of your privileges at Baha Mar in addition to penalties or other actions that may be taken through civil judicial proceedings, the Bahamian Civil Aviation authority or by any Bahamian law enforcement including but not limited to criminal trespass and misappropriation.
Baha Mar provides Concierge services for all guests should assistance be required during a guest’s stay, including the provision of local tour and excursion information. These services are made available for our guest’s convenience, please note it should not be construed that the offering of any activity, tour, or service is an endorsement or affiliation with any third party and Baha Mar accepts no liability for the conduct of any third party, its employees or equipment.
Visitors to Baha Mar should be advised that the possession, conveyance and distribution of fireworks by guests is strictly prohibited at Baha Mar. The handling, storage and use of fireworks is regulated and requires permitting from government authorities in The Bahamas. Fireworks include any explosive such as sparklers (aluminum or magnesium torches),amerces, bengal matches, confetti bombs (joke bombs), explosive corks, snaps for Bon-Bon crackers and other manufactured fireworks and all signal rockets, verey signal cartridges and any other pyrotechnic articles for signaling and life-saving. If fireworks are required for use during a guest special event, prior authorization is required by Baha Mar pursuant to local law and regulation and any policies separately established by Baha Mar. Any violation of these policies may involve suspension of your privileges at Baha Mar in addition to penalties or other actions that may be taken through civil judicial proceedings or by any Bahamian law enforcement.
BEACH SANCTUARY & AVIARY
Baha Mar features a spectacular BEACH Sanctuary and Aviary. We also offer encounter experiences for our guests. Please be advised that all sanctuary and aviary experiences possess potential risk of harm or injury. For our guest’s safety we ask that you adhere to the below at all times when visiting the sanctuary and aviary:
• Please do not touch the animals unless allowed or directed to do so by animal care associates.
• All participants in the sanctuary encounter experience should be able to swim.
• Please do not apply any type of tanning oil/lotion prior to entering the water. Tanning oils can wash off into the water and can harm the animals.
•Please do not bring jewelry, purses, electronics, wallets or any other valuables with you to your encounter experience we ask that you secure these prior.
• Sunscreen/Sunblock is permitted if applied in moderation. Any excess should be removed prior to your experience.
• All participants (including children) should be able to comprehend and follow instructions. All non-English speaking persons should be accompanied by a translator.
Please be advised that some of our experiences have physical demand requirements such as walking, standing, and swimming. Baha Mar reserves the right to prohibit participation in the encounter experiences if persons are unable to comprehend, or disregard instructions, are under the influence of drugs or alcohol, are under any age/height requirements set by sanctuary and aviary management, or is unaccompanied and unable to participate alone due to physical or mental impairments or alternatively due to language barriers. The determination as to the fitness of a person to participate in a encounter experience will be made solely at the discretion of BEACH Sanctuary and Aviary management.
Baha Mar – Hurricane Policy for Guests with Confirmed Reservations
In the event that a hurricane watch or warning is issued within (7) days of your scheduled departure by the United States National Hurricane Center (NOAA) for New Providence, The Bahamas or for your place of residence, you may contact your travel professional who booked your trip or the SLS, GRAND HYATT OR ROSEWOOD reservations team prior to your scheduled departure to cancel your stay and receive a full refund, or reschedule your hotel room reservation and avoid the imposition of no show penalties, or any other hotel cancellation or change fees.
If guests are on vacation at Baha Mar and wish to depart early due to the threat of a hurricane, a full refund will be issued for the remaining nights.
Terms & Conditions:
• Rescheduled accommodations will be in an equivalent room category to the one originally booked. Accommodation of same room category is not guaranteed and is subject to availability.
• Other expenses, including but not limited to pre arrival bookings such as hotel transportation, kids club, etc., will be refunded. Airline ticket holders are subject to airlines’ policies and guidelines.
• This Policy does not apply to group bookings. Group bookings cancellations will be handled in accordance with the group sales contract.
• This policy is for individual travel booked directly with BAHA MAR, SLS, HYATT or ROSEWOOD; it does not apply to bookings via third parties, tour operators or resellers. Bookings made through these entities must contact their original booking source for information on the hurricane policy for their reservation.
Baha Mar Gift Cards (“BM Gift Card”) are administered by CTF BM Operations Ltd. (“Baha Mar”). Your purchase, acceptance or use of the BM Gift Card constitutes your acceptance of the following terms and conditions, as may be amended and revised from time to time (the “Agreement”). Baha Mar may modify this Agreement or the terms and conditions of the BM Gift Card program in its sole discretion and at any time without specific notice to you. If you do not agree with this Agreement, do not purchase, use or accept the BM Gift Card.
This Agreement describes the terms and conditions that apply to your use of the BM Gift Card. Please read this Agreement carefully. We cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of this Agreement.
Unless otherwise specified herein, the terms “you” and “your” refer to any person who purchases, accepts or uses the BM Gift Card.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, WAIVER OF JURY TRIAL, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.
The BM Gift Cards are redeemable at all participating merchants located at any Baha Mar location or facility and at Baha Mar and its affiliates (collectively, “Merchants”). The BM Gift Cards may only be redeemed toward the purchase of goods or services at Merchants. Redemption terms of BM Gift Cards are subject to change in Baha Mar’s sole discretion and may be limited by Baha Mar at its sole discretion. BM Gift Cards are not redeemable to purchase a gift card or towards previously purchased goods or services.
Eligible purchases are deducted from the BM Gift Card balance. If you seek to purchase eligible goods or services in an amount that exceeds the BM Gift Card balance, the remaining amount must be paid with another acceptable payment method.
All redemptions will occur in U.S. dollars.
Unless prohibited by law, a $1.00 fee will be deducted monthly from the BM Gift Card balance starting the 1st day after the first year of inactivity. Activity means any action resulting in a charge to the BM Gift Card, other than fee imposition or adjustment due to error or prior transaction reversal, or a balance inquiry.
The BM Gift Card expires five years after the date the BM Gift Card was initially issued or the date on which funds were last loaded to the BM Gift Card.
The maximum value that can be associated with any one BM Gift Card is five hundred dollars ($500.00). BM Gift Cards cannot be resold, transferred for value, or redeemed for cash, except to the extent required by law or approved by Baha Mar in writing. Void if resold, transferred for value, or redeemed for cash. Merchants reserve the right not to honor any BM Gift Card obtained from any unauthorized seller or channel. Unused funds associated with a BM Gift Card may not be transferred to another BM Gift Card.
The BM Gift Cards may be used as personal, charitable or business gifts but may not be used in connection with any marketing, advertising or other promotional activities or any commercial activity.
No refunds are permitted for purchases of BM Gift Cards.
Baha Mar will not send you statements of itemized transactions associated with the BM Gift Card. To obtain information about the balance on your BM Gift Card, please visit https://giftcard.bahamar.com or visit any Merchant location. The balance you receive in response to an inquiry is only an estimate. Generally, the BM Gift Card balance is adjusted when you make a purchase, but in some instances, the balance adjustment may be delayed.
All balances on your BM Gift Card will be denominated in U.S. dollars.
LOST OR STOLEN eGIFT CARDS
If you suspect that someone has copied or stolen your BM Gift Card, contact Baha Mar Security at (242) 788-8000 immediately. BM Gift Cards will not be replaced if lost or stolen without proof of purchase. BM Gift Cards have value and should be safeguarded accordingly. Notwithstanding anything to the contrary, we are not responsible for lost or stolen BM Gift Cards.
If you have questions regarding your transaction history or if you dispute any transaction that has been assessed against your BM Gift Card, please contact Baha Mar at (242) 788-8000. Baha Mar will conduct an investigation and communicate the results and correct any error that Baha Mar verifies as soon as Baha Mar finishes the investigation. If no error was found, Baha Mar will communicate an explanation. Baha Mar will not be liable for any error, unless you provide notice to Baha Mar within 60 days of the disputed transaction. You should monitor your transactions and account balances closely.
INDEMNIFICATION AND COMPLIANCE WITH LAW
You certify and represent to Baha Mar that your use of the BM Gift Card will comply with this Agreement and all applicable laws, rules and regulations. In addition, you agree to defend, indemnify and hold harmless Baha Mar, Merchants, and their respective parents, subsidiaries, affiliates, directors, officers, employees or agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your purchase, acceptance or use of the BM Gift Card or violation of this Agreement.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
BM Gift Cards are not credit or debit cards, and no deposit account is associated with a BM Gift Card. No interest, dividends or any other earnings on funds associated with a BM Gift Card will accrue or be paid or credited to you by Baha Mar, and such funds are not insured by the Federal Deposit Insurance Corporation (FDIC).
BAHA MAR AND MERCHANTS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY BM GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTION, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BAHA MAR HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A BM GIFT CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
Baha Mar shall not be liable to you, whether in contract, tort, equity or otherwise, for any indirect, incidental, consequential, special, punitive or exemplary damages arising from or relating to this Agreement or the BM Gift Card. The maximum aggregate liability of Baha Mar to you for all claims arising out of or relating to this Agreement or the BM Gift Card, regardless of the form of any such claim, shall not exceed the amount paid by you to Baha Mar for the BM Gift Card.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION AND JURY WAIVER
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE BM GIFT CARD, ANY PURCHASE, ACCEPTANCE OR USE OF THE BM GIFT CARD, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BAHA MAR, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT. YOU AGREE THAT BAHA MAR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
To the extent allowed by applicable law, you agree that you will bring any claim or dispute within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against any Merchant. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. You and Baha Mar agree that: the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its International Dispute Resolution Procedures, as amended by this Agreement. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or electronic mail (“Notice”). Notice to Baha Mar must be sent to: Baha Mar, c/o GTC Corporate Services, GTC Corporate Services Limited, Sassoon House, Shirley St. & Victoria Ave., P. O. Box SS-5383, Nassau, Bahamas. The Notice must describe the nature and basis of the claim or dispute, and set forth the specific relief sought (the “Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within forty-five (45) days after the Notice is received, you or Baha Mar may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Baha Mar must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Baha Mar that an in-person hearing is appropriate. Any in-person arbitration shall take place in Nassau, Bahamas, unless the parties agree to a different location in writing. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, Baha Mar will reimburse you for your filing fee. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by this Agreement, the forum’s rules, or applicable law. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
Baha Mar reserves the right to suspend, cancel, or otherwise restrict your BM Gift Card if Baha Mar suspects that it was obtained or used in connection with any transaction that was fraudulent, unauthorized or unlawful. Baha Mar may also suspect, cancel or otherwise restrict your BM Gift Card if it believes you are in violation of this Agreement or applicable law.
This agreement shall be governed by the laws of the Commonwealth of The Bahamas, without regard to principles of conflict of laws. All terms and conditions in this Agreement are applicable to the extent permitted by law. In the event that any part of this Agreement is deemed by a court or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to have been omitted from this Agreement. The remainder of this Agreement shall remain in full force and effect and shall be modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent. Neither Baha Mar’s failure to exercise any of its rights under this Agreement nor its delay in enforcing or exercising any of its rights, shall constitute a waiver of such rights. If Baha Mar waives any right under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.
You affirm that (i) you are either 18 years of age or older, or the age of legal majority in your jurisdiction, and (ii) that you full right, power and authority to enter into this Agreement.
Baha Mar may transfer its obligations and rights of the BM Gift Cards, without notice to you and without recourse. The parties agree that the following sections will survive termination: Sections 9 (Indemnification and Compliance with Law), 10 (Disclaimers and Limitations of Liability), 12 (Dispute Resolution and Arbitration; Class Action and Jury Waiver) and 13 (Miscellaneous).