Guest Caye Terms of Service

By signing up for the Guest Caye Resort Marketing service (“Service”) or any of the services of HyperDrive Interactive Ltd. (“HyperDrive”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.guestcaye.com/legal. HyperDrive reserves the right to update and change the Terms of Service by posting updates and changes to the Guest Caye website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms:

  1. You must be 21 years or older to use this Service.
  2. You must provide your full legal name, mailing address, a valid email address, phone number and any other information needed in order to complete the signup process./li>
  3. You are responsible for keeping your password secure. Guest Caye cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You may not use the Guest Caye service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the country of Belize.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded to your Guest Caye account regardless of if you uploaded the material or it was uploaded on your behalf by Guest Caye.
  6. You may not alter the base software, add code or automations, or infect any systems with viruses or any code of a destructive nature.
  7. A breach or violation of any of the Account Terms as determined in the sole discretion of Guest Caye and will result in an immediate termination of your services and permanent deletion of your account and all contents.

General Conditions:

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a client of Guest Caye and/or HyperDrive Interactive Ltd.
  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. Guest Caye reserves the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as-is“ and “as-available“ basis, without any warranty or condition, express, implied or statutory.
  4. Guest Caye does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. Guest Caye does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. You expressly understand and agree that Guest Caye or HyperDrive Interactive Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  8. In no event shall Guest Caye, HyperDrive Interactive Ltd. or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  9. Technical support is only provided to paying account holders and is only available via email at no cost. On site technical support is available for a nominal fee.
  10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Guest Caye.
  11. We do not claim any intellectual property rights over the material you provide to Guest Caye. All material you upload remains yours. You can remove your Guest Caye service at any time by deleting your account. This will also remove all content you have stored on Guest Caye servers.
  12. By uploading images and item description content to the ExactTarget account inside your Guest Caye service, you agree to allow other internet users to view them and you agree to allow Guest Caye to display and store them. You also agree that Guest Caye can, at any time, review all the content submitted by you.
  13. The failure of Guest Caye to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Guest Caye and govern your use of the Service, superseding any prior agreements between you and Guest Caye (including, but not limited to, any prior versions of the Terms of Service).

Payment of Fees:

  1. A valid credit card or pre-approved credit terms are required for all activated accounts.
  2. The service will be billed based on your number of rooms made available for booking during the calendar month according to the published price list.
  3. The service will be billed on a monthly basis. On the first business day of the calendar month Guest Caye users will be sent a payment notice via email. Your invoice will show your amount due in U.S. Dollars (USD).
  4. If paying by credit card, your credit card on file will be charged the invoice amount in USD. Should payment fail, you will have until the 15th of the month (or next available business day) to bring your account up to date or your account will be suspended.
  5. If paying via invoice, you will have until the 15th of the month (or the next available business day) to bring your account up to date or your account will be suspended.
  6. Accounts that remain in arrears for 30 days from date of invoice will result in an immediate termination of your services and permanent deletion of your account and all contents.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  8. In the event that cancellations should result in a negative amount due on your account, this credit may only be applied to future transaction fees and is non-refundable and non-redeemable for cash.
  9. HyperDrive and Guest Caye do not provide refunds.

Cancellation and Termination:

  1. You may cancel your account at anytime by emailing info@guestcaye.com
  2. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel Guest Caye in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again. HyperDrive does not refund outstanding credits.
  4. Fraud: Without limiting any other remedies, Guest Caye may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity.
  5. We reserve the right to modify or terminate the Guest Caye service for any reason with 1 week notice. Such notice may be provided at any time by posting on the Guest Caye website and via email.

Modifications to the Service and Prices:

  1. Prices for using Guest Caye are subject to change upon 30 days notice from HyperDrive.
  2. HyperDrive reserves the right at any time to time to modify or discontinue your Guest Caye service (or any part thereof) with or without notice.
  3. Guest Caye shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Last modified: September 8, 2011