Terms and Conditions
OVERVIEW
This website/application is operated by the SailSmiles team. Throughout the website/application, the terms "we", "us" and "our" refer to the SailSmiles team. SailSmiles offers this website/application, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, policies and notices stated here.
By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms ("TERMS", "Terms"), including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These TERMS apply to all users of the Website, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.
Please read these TERMS carefully before using our website/application. By accessing or using any part of the Website, you agree to be bound by these TERMS. If you do not agree to all the terms of this Agreement, you may not access the Site/Application or use any Services. If these TERMS are considered an offer, acceptance is expressly limited to these TERMS.
Any new features or tools added to the current Store shall also be subject to the TERMS. You can review the latest version of the TERMS at any time on this page. We reserve the right to update, change or replace any part of these TERMS and
CONDITIONS by posting updates and/or changes on our website/application. It is your responsibility to regularly check this page for changes. Your continued use of or access to the Website/Application after any changes are posted constitutes your acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these TERMS, you may not use our products for any illegal or unauthorized purpose, and you may not, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). you may not transmit any worms or viruses or any code of a destructive nature. A breach or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS
We reserve the right to deny anyone access to our Services at any time, for any reason. You understand that your content (excluding credit card information) may be transmitted unencrypted and involve (a) transmissions across different networks and (b) changes to to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted when transmitted over a network.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the Website/Application through which the Service is provided, without express written permission from us.
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not correct, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk. This website may contain some historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Some products or services may be available online only through the Website/Application. These products or services may have limited quantities and are only subject to return or exchange in accordance with our return policy.
We have done everything we can to display the colors and images of our products displayed in the store as accurately as possible. We cannot guarantee that your computer screen's display of any color will be accurate. We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue a product at any time. Any offer for products or services made on this website is void where prohibited.
We do not guarantee that the quality of products, services, information or other materials that you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or discontinue purchased quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change or cancel an order,
we may attempt to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
For more information, see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any support. We shall have no liability whatsoever arising out of or related to your use of any Third Party Tools.
Any use of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party provider.
We may also in the future offer new services and/or features through the website/application (including the launch of new tools and resources). Such new features and/or services shall also be subject to these TERMS.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain material from third parties.
Third-party links on this website may take you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and we do not guarantee and will not have any responsibility or liability for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any damages or injuries related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Carefully review and understand the third party's policies and practices before entering into any transaction. Complaints, claims, problems or questions about third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request you submit certain specific submissions (such as contest entries) or without a request from us submit creative ideas, suggestions, proposals, plans or other materials, either online, by email, by post or otherwise (collectively "Comments"), you agree that we may at any time and without limitation edit, copy, publish, distribute, translate and otherwise use any Comments you submit to us in any media. We are and shall not be obligated (1) to keep any Comments confidential, (2) to pay compensation for any Comments, or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we
We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, consider to be illegal, offensive, threatening, defamatory, defamatory, pornographic, obscene or otherwise objectionable or infringe any party's intellectual property rights or these TERMS. You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise illegal, offensive or obscene material, or contain any computer virus or other malicious code that may in any way affect the operation of the Service or any related website / application. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We are not responsible for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information via the store is governed by our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Sometimes there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website / application is incorrect at any time without notice (including after you have submitted your order).We undertake no obligation to update, change or clarify information in the Service or on any related website / application, including without limitation, pricing information, except as required by law. No stated refresh or update date applied in the Service or on any related website/application should be taken to indicate that any information in the Service or on any related website/application has been changed or updated.
SECTION 12 - PROHIBITED USE
In addition to other prohibitions set forth in the TERMS, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in illegal acts; (c) to breach international or UK regulations, rules, laws or local regulations; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, demean, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submitting false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website / application, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website/application, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website/application if you violate
any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that your use of our Service will be uninterrupted, current, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services delivered to you through
the Service are provided (unless otherwise expressly stated by us) "as is" and "as available" for your use, without any warranties or conditions of any kind, either express or implied , including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall we, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, compensation costs, or any similar damage, whether based in contract, tort (including negligence), strict liability, or otherwise, resulting from your use of any of the Services or Products acquired using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand , including reasonable legal fees, incurred by any third party due to or as a result of your violation of these TERMS and INSTRUCTIONS or the documents to which they contain reference.
TERMS or the documents they incorporate by reference, or your violation of any law or third party rights.
SECTION 15 - SEVERABILITY
In the event that any provision of these TERMS is determined to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these TERMS
AND CONDITIONS, and such decision shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties arising prior to the date of termination shall survive the termination of this Agreement for all purposes.
These TERMS will survive if and until terminated by either you or us. You may terminate these TERMS at any time by notifying us that you no longer wish to use our Services, or when you stop using our Site.
If, in our sole judgment, you fail, or we suspect you have failed, to comply with any term or provision of these TERMS, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due through the termination date; and/or consequently may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these TERMS
These TERMS and any policies or operating rules published by us on this website or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TERMS).
Any ambiguities in the interpretation of these TERMS shall not be interpreted against the writing party.
SECTION 18 - APPLICABLE LAW
These TERMS and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You may review the most recent version of the TERMS at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS by posting updates and changes on our website/application. It is your responsibility to regularly check our website/application for changes. Your continued use of or access to our Website / Application or the Service following the posting of any changes to these TERMS constitutes acceptance of those changes.