THESE TERMS AND CONDITIONS (“Terms”) govern We Are! Tourism N.V., with the trading name We Are! SXM and trading as www.wearesxm.com (“the Website”). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.

1. Definitions

“We Are! SXM” is the trading name of and, for the purposes of these Terms, means We Are! Tourism N.V., a company registered in Sint Maarten as defined under number 24049 in the Commercial Register of the St. Maarten Chamber of Commerce & Industry, whose principal office is at Goldfinch road #11, Point Blanche, 00000 (“We Are! SXM”, “We”, “Us”);

“User” (“you”, “your”) means any person who visits or uses the Website;

“User Submission” means any feedback, link, comment, or other material of whatever nature that is submitted by a User to appear on the Website.

2. Wearesxm.com

2.1 The Website is owned and managed by We Are! Tourism N.V. All information supplied on the Website is managed by We Are! Tourism N.V.

2.2 We Are! Tourism N.V can be contacted by writing to We Are! Tourism N.V at Goldfinch road #11, Point Blanche, 00000 or through our contact page.

3. Use of the Website

3.1 By visiting and using the Website you warrant that you are 18 years old or above and have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.

3.2 In the event that We Are! SXM, in its sole discretion, considers that you are making any illegal and/or unauthorized use of the Website, and/or your use of the Website is in breach of these Terms, We Are! SXM reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

3.3 We Are! SXM may suspend the Website at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

3.4 We Are! SXM reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users.

3.5 These Terms govern the use of the Website by registered and unregistered Users. Such Users may not use the Website or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by We Are! SXM.

3.6 You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We Are! SXM reserves the right to withdraw linking permission without notice.

3.7 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape”, “crawl”, or “spider” any pages contained in the Website.

4. User registration & User Submission

4.1 In order to sign up to the Website, you will be required to register your email address and personal information via our Sign Up page (“Account”).  .

4.2 You can sign up to our newsletter through submitting your email address at any of the sign up boxes featured throughout the Website or by creating an account via our Sign Up page (“Account”). By providing your email address and clicking “agree” in the newsletter textbox, you agree to receive regular newsletter emails from We Are! SXM.

4.3 You can unsubscribe from receiving our newsletter by clicking the ‘Unsubscribe’ link featured within each of our newsletters. Alternatively, registered Users can edit their personal information or manage newsletter subscriptions by updating their information within the user profile of their Account.

4.4 You must not disclose your Account details to any third party. If you know or suspect that anyone other than you knows your Account details, you must promptly notify us through our contact page.

4.5 We Are! SXM has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.6 By posting any User Submissions, you represent and warrant (a) you have all right, title, and interest to such User Submission, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Submissions, or (b) such posted content is already in the public domain. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

4.7 Any User Submission you upload to the Website will be considered non-confidential and non-proprietary, and you grant We Are! SXM the right to use, copy, distribute and disclose to third parties any such content for any purpose.

4.8 We Are! SXM has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

4.9 We have the right to remove any User Submission at any time and for any reason.

4.10 Regardless of whether you register your details with We Are! SXM or not, any User who feels that any User Submission made by another User is objectionable is encouraged to contact We Are! SXM at Legal Department, We Are! Tourism N.V., Goldfinch road #11, Point Blanche, 00000 or through our contact page. We Are! SXM will review the relevant message as soon as is practicable and will take such action as it deems necessary, if any.

5. Term and Termination

5.1 These Terms will remain in full force and effect while you are a User of the Website.

5.2 We Are! SXM may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.

5.3 In the event of termination of these Terms for any reason, you must not attempt to use the Website.

5.4 Sections 3 to 10 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

6. We Are! SXM Intellectual Property

6.1 Other than in relation to links to third party websites and non-exclusive voucher codes, We Are! SXM owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. Some of the content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of the listed merchant. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to any User. All rights in and to the Website not expressly granted to Users are reserved by We Are! SXM.

6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view and print the content of the Website for your personal use only.

6.3 You are expressly prohibited from:

6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any of the Website; and

6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by We Are! SXM, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of We Are! SXM or could be considered an infringement of any of the intellectual property rights owned and/or licensed to We Are! SXM, without first obtaining the written permission of We Are! SXM.

7. Warranties and Liabilities

7.1 Nothing in these Terms excludes or limits We Are! SXM’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by (Dutch) Sint Maarten law.

7.2 We Are! SXM provides Users with access to the Website free of charge and, subject to 7.1, We Are! SXM shall not be liable in contract, tort (including negligence) or otherwise for any loss, injury or damage of whatever kind caused in whole or in part by use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by We Are! SXM’s failure to perform any of its obligations under these Terms.

7.3 Further to 7.2, deals are provided to We Are! SXM by third parties and We Are! SXM does not guarantee that the deals are valid (save only as set out in our deal Guarantee). You are advised to check availability of the deal prior to committing any purchase.

7.4 In no event, subject to 7.1, shall We Are! SXM be liable in contract, tort (including negligence) or otherwise for any loss of profits, goodwill, savings or business (whether any of the foregoing are direct or indirect), or for any special, indirect, incidental or consequential damages.

7.5 The information provided on the Website by We Are! SXM is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

7.6 Where the Website or any deal includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by We Are! SXM and, subject to 7.1, We Are! SXM shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

7.7 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. We do not guarantee that the Website, or any content on it, will be free from errors or omissions or that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

7.8 To the maximum extent permitted by law, We Are! SXM expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.

7.9 Links to third party websites and companies may appear on the Website. Such third party websites are not the responsibility of We Are! SXM and We Are! SXM accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them. We Are! SXM will not be liable for any loss or damage that may arise from your use of them.

7.10 Third party websites may collect and treat information they collect differently, so We Are! SXM encourages you to carefully read and review the privacy policy and terms of use for each website you visit.

7.11 You are solely responsible for your interactions with merchants. Subject to 7.1, you hereby release We Are! SXM from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant’s failure to comply with applicable law.

7.12 We Are! SXM will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or to any email sent by We Are! SXM to you.

8. Data Protection and Privacy Policy

8.1 We Are! SXM is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users using the Website. However, We Are! SXM is not able to control the use by third parties of any information appearing on the Website.

8.2 We Are! SXM reserves the right to gather information relating to use of the Website. Please refer to our Data Protection and Privacy Policy for information on how your details are used. By visiting and using the Website you consent to collection and use of this information by We Are! SXM in accordance with our Data Protection and Privacy Policy and warrant that all data provided by you is current, complete and accurate and will be kept up to date.

9. Payment conditions and Booking conditions

9.1 This agreement entered into between We Are! SXM and the User in respect of acceptance of online Payments, in which these general conditions were declared applicable.

9.2 To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information

9.3  All deals, coupons, and/or any other product, activity and/or services will be offered and sold in US Dollars, due to this all payments to We Are! SXM are charged in US Dollars, Users are solely responsible for any exchange rate charges.

9.4 Upon purchase of a deal, coupon, and/or any other product, activity and/or service We Are! SXM will provide the User with a unique voucher including the Users account information, barcode and/or bookings code, contact details, conditions and any important information. For some activities we advise you to get in touch with the service suppliers not less than 1 week before your arrival to confirm the exact date and/or time you wish to do the activity. Whether advance confirmation is needed or not is clearly marked on your ticket as proof of purchase. Users are solely responsible to properly check all the provided information, and validate the booking at the service provider by providing the bookings code and Users ID prior to exchange for any product, activity and/or service.

9.5 Upon purchase you have been asked to enter dates during your purchase, your voucher is valid for the dates you specified at the time of booking. This is clearly marked on your Voucher. Vouchers purchased are for the purchaser’s and/or the group’s personal use. They may not be resold and are non-transferable.

9.6  In the case of multiple bookings, the credit card holder is required to present him/herself at the activity. Entry will be refused unless the holder of the credit card used for payment of the tickets is in attendance. The credit card holder shall be required to present the credit card used for payment, along with an identity document with a photograph (driving license, national ID document or passport) to the activity purchased. Photocopies will not be accepted. Nearly all activities require clients to show a printed voucher, or the original confirmation email, this is stated clearly in your confirmation e-mail.

9.7 All deals, coupons, and/or any other product, activity and/or service purchased directly through We Are! SXM (whose name will appear on your payment statement) can be cancelled through the Users “Account” up to 4 days prior to your chosen dates. In this case 75% of the payment will be returned. There may be exceptions in the case of special events or activities with restricted availability or special discounts, and in these cases the cancellation policy may vary. These will be clearly identified in your “shopping basket” and in your confirmation e-mail.

9.8 In the case the supplier of any deal, coupon, and/or any other product, activity and/or service needs to cancel an activity due to unforeseen circumstances (eg lack of staff due to illness, repairs, force majeure) then the supplier will reschedule the activity. If the alternative date does not suit you, then the activity will be fully refunded by the supplier.

9.9  User is solely responsible for compliance with any conditions of participation. The provider reserves the right to exclude participants, who do not meet these conditions, from the activity. In this case, the price paid cannot be refunded. The supplier also has the right to refuse admittance or exclude you from an activity if you do not meet the eligibility requirements, or if your participation puts you or others at risk, or otherwise interferes with the proper conduct of the activity. In these cases, the price paid will not be refunded.

9.10  Unless otherwise specified on the booking confirmation voucher, insurance is not included in the price. You are personally responsible for a sufficient insurance coverage. The extent of insurance depends on the booked activity. In the event of theft or loss of the tickets purchased, contact We Are! SXM through our contact page as soon as possible in order to obtain replacements.

9.11 In the event that the card used to purchase the ticket is stolen or tickets are purchased through fraudulent use of the card, the amount can be reclaimed by contacting We Are! SXM at least 24 hours prior to the event or the starting date for the activity. In this case the tickets purchased will be cancelled.

10. General

10.1 You may print and keep a copy of these Terms, which form the entire agreement between you and We Are! SXM and supersede any other communications or advertising with respect to the Website.

10.2 These Terms may only be modified with the prior written consent of We Are! SXM. We Are! SXM may alter or amend these Terms at any time, with immediate effect and without notice. Please check this page from time to time to take notice of any amendments as by continuing to use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.

10.3 These Terms and their performance shall be governed by and construed in accordance with the laws of (Dutch) Sint Maarten and the parties hereby submit to the exclusive jurisdiction of the courts of (Dutch) Sint Maarten.

10.4 You shall comply with all foreign and local laws and regulations which apply to your use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

10.5 You agree that because of the unique nature of the Website and We Are! SXM ‘s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm We Are! SXM and monetary damages would be inadequate compensation. Therefore, you agree that We Are! SXM shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

10.6 If any provision of these Terms is declared void, illegal or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

10.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.

10.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

10.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against We Are! SXM and such third parties shall not be entitled to enforce any term of these Terms against We Are! SXM.

10.10 If you feel that any materials appearing on the Website are offensive, objectionable or potentially defamatory please contact We Are! SXM by way of our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.