Terms and Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Secret Bay Development Limited and Secret Bay Residences Limited, the owners/operators of this Website.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website.

If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Secret Bay Development Limited or Secret Bay Residences Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Secret Bay Development Limited or Secret Bay Residences Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

No Offer or Advice

The information contained on this website is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to this website should rely for financial, securities, investment or other advice or to take any decision based on such information. Visitors to this website are encouraged to seek individual advice from their legal, financial, personal and other advisers before making any decision or purchasing any real estate.

THE REAL ESTATE DESCRIBED HEREIN IS LOCATED IN THE COUNTRY OF DOMINICA. ALL CONTRACTS AND OTHER DOCUMENTS RELATING TO THE SALE OF THIS REAL ESTATE SHALL BE EXECUTED ONLY IN DOMINICA. NO STATE BUREAU OR DIVISION OF REAL ESTATE HAS INSPECTED, EXAMINED OR QUALIFIED THIS OFFERING.

Features, plans, rendering images and information presented in this brochure are solely for marketing and illustrative purposes and are subject to change or elimination without notice. They should not be relied upon as accurately representing the features of any specific residential unit or the final development of the project.

Secret Bay Development Limited and Secret Bay Residences Limited, their clients and any joint agents give notice that:

1: They are not authorized to make or give any representations or warranties in relation to the property either here or elsewhere, either on their own behalf or on behalf of their client or otherwise. They assume no responsibility for any statement that may be made in these particulars. These particulars do not form part of any offer or contract and must not be relied upon as statements or representations of fact.

2: Any areas, measurements or distances are approximate. Square footage calculations may be made in a variety of manner and difference methods may yield different results. Any text, photographs, renderings and plans are for guidance only and are not necessarily comprehensive. Furnishings, floor plans, renderings and other depictions shown herein are for illustrative purposes only and shall not constitute an agreement or commitment on the part of the seller to include such items in the sale or to deliver the property in accordance with such illustrations.

3: It should not be assumed that the property has all necessary planning, building regulation or other consents and Secret Bay Development Limited and Secret Bay Residences Limited have not tested any services, equipment or facilities. Purchasers must satisfy themselves by inspection or otherwise. Interested buyers are also advised to consult the specific terms of the contract for Purchase and Sale.

4: This advertisement/brochure/website and its content shall not constitute an offer or solicitation in any state where prior registration is required. Void where prohibited by law.

5: Prices are subject to change without notice.

Accuracy of Information

Although we’ve taken reasonable care that the information contained on this website or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided “as is” for only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by Secret Bay Development Limited or Secret Bay Residences Limited or their affiliates. Under no circumstances will Secret Bay Development Limited or Secret Bay Residences Limited or their affiliates be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information.

Forward-Looking Statements

This website includes statements that are, or may be deemed to be, “forward looking statements”. These forward looking statements can be identified by the use of forward looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. These forward looking statements include all matters that are not historical facts. They appear in a number of places throughout this website and include statements regarding the intentions, beliefs or current expectations of Secret Bay Development Limited or Secret Bay Residences Limited.

By their nature, forward looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. Forward looking statements are not guarantees of future performance. Secret Bay Development Limited.’s and Secret Bay Residences Limited’s actual performance, results of operations, financial condition and liquidity may differ materially from the impression created by the forward looking statements contained on this website. Secret Bay Development Limited and Secret Bay Residences Limited do not undertake to update any of these forward-looking statements.

Limitations of Liability

To the maximum extent permitted by applicable law and regulatory requirements, Secret Bay Development Limited and Secret Bay Residences Limited specifically disclaim any liability for errors, inaccuracies or omissions on this website and for any loss (whether direct or indirect) or damage resulting from its use, whether caused by negligence or otherwise. Visitors who choose to access this website do so on their own initiative and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this website. Visitors are responsible for compliance with all local laws and regulations.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Secret Bay Development Limited, Secret Bay Residences Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
   1. retrieve, display and view the Content on a computer screen
   2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
   3. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Secret Bay Development Limited.
4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Secret Bay Development Limited and Secret Bay Residences Limited for all claims resulting from Content you supply.

Prohibited use

You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: [http://secretbay.dm/privacy-policy/]

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Secret Bay Development Limited or Secret Bay Residences Limited make available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Secret Bay Development Limited and or Secret Bay Residences Limited are under no obligation to update information on the Website.

Whilst Secret Bay Development Limited and Secret Bay Residences Limited use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Secret Bay Development Limited and Secret Bay Residences Limited accept no liability for any disruption or non-availability of the Website.

Secret Bay Development Limited and Secret Bay Residences Limited reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

General

You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These Terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

These terms and conditions will be governed by and interpreted according to Dominica law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the Dominica courts.