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The website accessed at www.mustique-island.com (“the Website”) is provided by the Mustique Company Limited and/ or any subsidiary (“the Company” or “we”) to all those persons or entities accessing the Website (“you”) on the following Terms and Conditions (the” Terms and Conditions”) and access to or use of by any way whatsoever imputes acceptance of the Terms and Conditions as published herein or as amended from time to time.
While we have taken care to ensure that the content on the Website is accurate and that you suffer no loss or damage because of your use of the Website, the Website and the services accessible on or via the Website are provided “as is” and your use of the Website and the online services is at your own risk.
We do not warrant that the Website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the Website or any software available for download via the Website is free of viruses or destructive code.
We and our subsidiaries, affiliates, officers, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of the Website or the online services or the information contained on the Website or your inability to use the Website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, derelict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, we will not be liable for:
• any interruption, malfunction, downtime or other failure of the Website or online services, our system, databases or any of its components, for whatever reason;
• any loss or damage arising from any purchase, booking, investment or action on your part based on the information provided on the Website;
• any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
• any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
• any event over which we have no direct control
The content of the Website (the “Material”) belongs to and is the copyright of Company. The Material may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or from or in or on any media to any party other than on the terms set out in the Terms and Conditions and with the prior written consent of the Company.
You may download, store and use the Material for your own personal use only. You may not republish, retransmit, redistribute or otherwise make the Material available to any other party or make the same available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without the Company’s express prior written consent.
All photography and images used on the Website were obtained by the Company in good faith and in the belief that all necessary consents were obtained for their use. However, if you believe that unauthorised use has been made of an image belonging to you please contact us.
No Offer – Nothing on this Website should be construed as a solicitation or offer or recommendation to acquire or dispose of any investment or to engage in any other transaction.
The Company uses reasonable efforts to obtain information from sources which it believes to be reliable, but the Company makes no representation that the information or opinions contained on the Website is accurate, reliable or complete. The information and opinions contained in the Website are provided for personal use and informational purposes only and are subject to change without notice. Nothing contained on the Website constitutes financial, investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice before making any financial decision.
When you access certain links on the Website you may leave the Website. The Company has not reviewed any of the websites linked to the Website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites. You acknowledge that the inclusion of such links on the Website does not imply any endorsement by us of the material on such websites or any association with their operators and that if you use these links you will be leaving the Website. Therefore, your link to such websites is at your own risk. We make no representations regarding the content of any such website and will not be liable for any loss or damage which may arise from the use of such third party websites.
The Website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons in respect of whom such prohibitions apply must not access the Website.
To assist your navigation of the Website and our prevention of fraud we may send “cookies” from the Website to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server on the terms set out within the Website. Furthermore computer viruses are not passed through the use of “cookies”. You may choose to disallow “cookies” via your browser but the Website may not work properly as a result.
We shall take all reasonable steps to exclude viruses from the Website but we cannot guarantee such exclusion and we shall not be liable for any damages to your computer equipment, any loss or corruption of material or data of any material in transit or any loss or corruption of any material or data when downloaded on to your computer system or any other property, by reason of your use of, access to, or downloading of any material from, the Website howsoever otherwise. You should obtain all appropriate safeguards against viruses before accessing the Website, its contents and the underlying software and/or related software.
We will not be responsible for any losses you suffer as a result of us breaching these Terms and Conditions unless and then only to the extent that such losses were reasonably foreseeable to both you and us when you commenced your use of the Website and then only to the extent that it is illegal to exclude or limit, or attempt to exclude or limit, such liability.
In particular and without limitation to the aforementioned we shall not in any event be liable to you or to any other person or entity for any damages arising out of changes made to the content of the Website by unauthorised third parties.
In particular and without limitation to the aforementioned we shall not in any event be liable to you or to any other person or entity for any incidental, consequential, indirect, incidental, special or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of the Website even if we have been advised of the possibility of such damages occurring or such damages are foreseeable.
Nothing in the Terms and Conditions is intended to exclude or limit our liability in respect of death or personal injury as a result of our negligence where it is illegal to exclude or attempt to exclude such such liability.
We therefore hereby exclude or limit all liability to the extent that it is legal so to do.
Nothing in the Terms and Conditions is expressly or impliedly intended to confer on any third party any right to enforce any of its provisions.
Use of the Website and these Conditions are governed by and construed in accordance with the laws of St Vincent and the Grenadines.