These Terms and Conditions summarise the rules and regulations for using the caribbean-escape.com website. This Agreement shall commence on the date hereof.
By entering this website, you accept these Terms and Conditions in full. You should not continue to use the caribbean-escape.com website if you do not accept all the Terms and Conditions outlined on this page in full.
The following definitions apply to these Terms and Conditions, Privacy Policy, and all other Agreements:
Definitions
“You,” “Your,” and “Client” means you, the person accessing this website and accepting Our Terms and Conditions.
“The Business,” “Ourselves,” “We,” “Our,” and “Us” means Caribbean Escape and caribbean-escape.com disclosing Confidential Information and Contact details in respect of any Property Transaction introduced by any of the Parties;
“Parties,” “Party,” means both Us and the Client, or either the Client or Us.
“Investor,” “Buyer” means the person/company purchasing the property.
“Realtor” “Agent” means the person/company selling the property on behalf of a third party or owner.
“seller,” “sellers,” “owner” means the person/ company selling the property as owner.
“landlord” “landlords,” “villa owner”, means the person/ company renting out their own vacation property.
“Renters” means the person renting a villa or property from an owner or villa owner.
“Property Transaction” means property transaction entered into whereby sellers, realtors, owners, landlords, buyers and renters are introduced to each other through the connections of the Parties, and such transactions shall include, but are not limited to, any freehold or leasehold property sale or rental, loan or collateral funding transaction involving a property, option, product or service, business, product or commodity exchange, additions, renewal, parallel contracts or agreement or third party assignment thereof;
“Realtor”,”Seller”, “Buyer”,”Investor”, Landlord”, “Owner”means the party or parties of this agreement receiving Confidential Information and Contact details in respect of any Property Transaction introduced by Us;
“Contacts” means the clients, business connections, associates and employees of each party whether a person, partnership, company, consortium, syndicate or institution, including but not limited to any seller, buyer, developer, agent or intermediary agent;
“Confidential Information” means the information disclosed under this agreement by either party and shall include, but not be limited to, clients, property, commercial, financial, operational, marketing, promotional or such information, in whatever form, which concerns the business and affairs of the Parties, and their Contacts (including the identity of their Contacts) and shall include confidential information disclosed orally or in writing and which would appear to a reasonable person to be confidential or proprietary;
“Commission” means the Commission payable in respect of the Property Transaction pursuant to this agreement;
Mutual Non-Circumvention and Confidentiality
We will disclose to the Parties confidential information relating to its Clients and the Property Transaction. Such confidential information including, but not exclusively, names, addresses, telephones, emails, fax numbers or any other means, is the property of Caribbean Escape and shall not be disclosed other than under the terms of this agreement.
The Parties acknowledges that it is fair and reasonable that if a Contact of Caribbean Escape enters into a Property Transaction involving the Parties that any such Contact shall remain, and continue to be deemed to be the Contact of Caribbean Escape in any and all subsequent Property Transactions except as specified in 2.7 The disclosure of the identity of a Contact is treated as made “in confidence” and shall remain confidential and secret and subject to the terms of this agreement and the Parties agrees that it will take all reasonable steps to protect the secrecy of any confidential information and prevent it from falling into possession of other persons or the public domain.
The Parties undertake not to contact (directly or indirectly) or transact business with, nor disclose the name of any of the Caribbean Escape’s Contacts without the express written permission of such party and without paying the appropriate Commission if any business is transacted. If there is any doubt as to the amount of such Commission, then failing agreement between the Parties the amount shall be 1.25% of the purchase price or 25% of the gross commission income whichever is the greater for sales and 10% of the total booking income for rentals.
Accordingly the Parties hereby irrevocably agree not to circumvent, avoid payment of fees or commission for any transaction whatsoever (now or in the future) with any Contact revealed by Us.
The Parties of any property transaction agree to hold all confidential information in trust and in confidence and not to use it for any purpose other than the purpose contemplated by the parties. The Parties also agrees that it will not use confidential information to compete with Us or interfere in contractual arrangements or negotiations between Us and third parties. No Party shall without prior written consent of the other disclose to any third party any confidential information obtained from the other in pursuance of this agreement.
Neither Party shall do or say anything likely to lead to any person firm or company to withdraw from or cease to continue offering either party the rights of purchase, sale, import, distribution or agency enjoyed by them.
If there is any doubt as to whether an entity, firm, company or an individual is the Contact of the Caribbean Escape, then the Parties shall agree to discuss the matter in good faith. It is understood that it is possible there are Contacts currently known to both parties. If this is the case then it is accepted as being reasonable that in the event that We introduce a particular Contact to the Parties, then in that case it is reasonable for Us to have that Contact deemed to be Our Contact for that particular property transaction. However such a Contact may not necessarily be deemed to Our Contact for the Property Transaction if the Party was first approached about the Property Transaction by a third party.
Each Party agrees not to circumvent this agreement through the use of subterfuge involving the use of third parties. It is further understood that where any party contravenes the integrity of this non circumvention provision, the contravening party shall:
(a) indemnify fully and pay over all commissions, fees or monies obtained by the contravening party,
or fees and monies that would have been received by the violated party either directly or
indirectly, to the party that was violated, and
(b) indemnify and to be liable for all legal fees for all parties, which may be incurred in the course of
adjudication of said violation, and
(c) be subject to possible punitive damages as awarded by the legal process
In the event that any of the Parties is an agent for the Buyer or Seller, such Party undertakes to obtain a signed agreement to this Non-Circumvention agreement from the Buyer or Seller and or any other third parties involved in the Property Transaction.
Non-Solicitation
At any time during the period of 12 months from the date of this agreement each party agrees that it shall not procure members of the group of companies of which it may from time to time be a part) directly or indirectly:
(a) solicit or entice any employee to leave the employment of either party
(b) offer employment to or employ or offer to conclude any contact for services with any employee,
or procure or facilitate the making of such an offer, by or on behalf of any person, firm or
company who shall be in competition with either party; or
(c) canvass solicit or approach or cause to be approached in relation to a business which may in any way be in completion with either party
No Warranty or Representation
Whilst We takes all reasonable efforts to ensure that the information provided in the Property Transaction is correct, We cannot be held responsible for any errors, omissions or inaccuracies in any of the supplied information of any kind, nor for any loss arising from the information supplied. The Parties agree that it is solely relying on such information as provided by Us supplying such information and no warranty or representation is hereby given by Us.
Term
This agreement shall become effective immediately and shall remain in effect for a period of two (2) years from that date and extended for an additional four (4) years from the date of any transactions entered into or initiated by Parties of this agreement.
Damages
The Owner, Seller, Agent, Landlord acknowledges that any breach or violation of this agreement is likely to cause loss or damage to the Our commercial interests and in that event We shall be entitled to claim reasonable damages in the event of a breach, in addition to any other available remedies.
Dispute
All Parties agree that every attempt shall be made to resolve any dispute arising from the intended or inadvertent violation of this agreement, as informally as possible. If informal resolution between the Parties cannot be achieved, the process shall be referred for resolution to an arbitration tribunal in accordance with the rules of England and Wales.
Continuation
All payments of Commission shall remain due and payable in respect of the use of any Contacts notwithstanding any purported termination of this agreement by one of the parties.
No Partnership
Nothing in this agreement shall be construed as creating a partnership, agency or employment relationship between the Parties and neither Party shall have the authority or power to bind the other Party or to contract in the name of or create a liability against the other company. No Party shall have any claim for the separate dealings of the other, except as subject to the terms of this agreement.
No Waiver
Failure by a Party to enforce any accrued rights is not to be taken as or deemed to be a waiver of those rights unless the Party acknowledges the waiver in writing.
Construction
It is hereby declared that the foregoing paragraphs, subparagraphs and clauses of this agreement shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs sub paragraphs and clauses.
Amendments
No addition to or modification of any clause in this agreement shall be binding on the Parties unless made by a written instrument and signed by the Parties to this agreement or their duly authorised Representatives.
Whole Agreement
This agreement sets out the entire agreement and understanding of the Parties and is in substitution of
any previous written or oral agreements between the Parties. This agreement may be signed by separate copies which when taken together constitute a binding agreement
Governing Law
This agreement shall be interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of its courts.
Successors and Assignees
This agreement shall be legally binding on all Parties hereto, their principles, employees, representatives, agents, successors, assignees, agents, intermediaries, executors or administrators and all other associates with them now and in the future, in all countries, states or principalities of the world.
Agreement
Each Party and signatory hereunder agree that any signed copy of this agreement including copies delivered by fax does establish an irrevocable and binding legal document. Each party hereunder acknowledges that they have read and fully understand the terms and conditions contained in this agreement and by accepting these terms unconditionally agree to its terms as of the date of this agreement.
All the Terms refer to the offer, acceptance, and consideration of payment required to undertake the process of providing the Client with Our stated services, following and subject to prevailing UK Law. He/she or they and words in the singular, plural, capitalization should be taken as referring to the same.
Cookies
This website may place and access certain Cookies on your computer. caribbean-escape.com uses Cookies to improve your use of the website and improve our range of products. Caribbean Escape has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
All Cookies used by this website are used by following the current UK and EU Cookie Law.
Before Caribbean Escape places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you enable caribbean-escape.com to provide a better experience and service. If you wish, you may deny consent to the placing of Cookies; however, certain website features may not function fully or as intended.
Permission & Licences
Caribbean Escape owns the intellectual property rights for all material on caribbean-escape.com. All intellectual property rights are reserved. Viewing and/or printing pages from caribbean-escape.com is for your personal use, subject to the restrictions set out in these terms and conditions.
You should not:
- Republish material from caribbean-escape.com
- Sell, rent, or sub-license material from caribbean-escape.com.
- Reproduce, duplicate, or copy material from caribbean-escape.com
- Redistribute content from caribbean-escape.com (unless Caribbean Escape specifically grants content).
Iframes
Without express written permission or prior approval, you must not create frames around our Web pages or use other techniques that may alter in any way the appearance or visual presentation of this website.
Liability Of Content
We shall have no responsibility or liability for any content appearing on our website. You agree to indemnify us and defend us against all claims arising out of or based upon our website. No content may appear on any page on our website, which contains material that may be interpreted as obscene, libellous, or criminal; otherwise, infringing violates or advocates the infringement or other violation of any third-party rights. We endeavour to ensure the information provided on this website is correct. We do not warrant the information on this website’s completeness or accuracy. We do not commit to ensuring that the website remains available or that the web site’s material is kept updated.
Rights Reservation
We reserve the right in our sole discretion to request that you remove all or any content or links to caribbean-escape.com, and upon receiving such a request, you agree to remove all links to our website immediately. We further reserve the right to amend these terms and conditions and our Privacy Policy at any time.
Our Disclaimer
To the extent permitted by the applicable law, Caribbean Escape excludes all conditions, warranties, representations concerning this website, including any implied warranties concerning fitness for purpose, satisfactory quality, and reasonable skill and care.
