Terms of Use: The Sunny Bangor Tourist Website

If you require further information or have queries about our Terms of Use/Terms of Service, please feel free to contact us through email at allan@bangorni.com.


Introduction: These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.


All Users (Sunny Bangor Shop)

Effective as of 05/11/2022

For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://sunnybangor.com/shop/. “Service” refers to the Company’s services accessed via the Site, in which users can buy and sell goods. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at https://sunnybangor.com/shop/.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.


General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorised assignment or delegation by you is void.

In agreeing to these terms and conditions you understand that Sunny Bangor does not own, control, quality assure accuracy of content or endorse products for sale on https://sunnybangor.com/shop/; Sunny Bangor disclaims all responsibility and liability for the information and products displayed on and sold through the website, including accuracy, legality, content and reliability.

As Sunny Bangor does not buy or sell the seller’s products, both buyers and sellers understand and agree that if disputes arise between them that Sunny Bangor is not responsible or liable for any losses, claims, damages, costs or demands of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed arising from such disputes.

You can close your account at any time and for any reason by notifying us using the contact form. Once your account has been closed you will need to re-register to sell or purchase products.

Products displayed and sold through the Sunny Bangor website are not owned by Sunny Bangor, but remain the property of the third party supplier (on whose behalf Sunny Bangor acts as agent). Your contract for purchase will be with the third-party supplier, not Sunny Bangor. Products purchased are sold on an ‘as is’ basis and no warranties or guarantees are offered by Sunny Bangor.

A legally binding contract of sale will be formed between you and the supplier of the product when you have confirmed your order, Sunny Bangor has confirmed that the seller will sell the product at the price advertised and you have paid the product price in full, plus VAT as required.


Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://sunnybangor.com/privacy-policy-the-sunny-bangor-tourist-website/) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement with the Privacy Policy as well as these Terms of Use.


Use Restrictions

You agree that you will not under any circumstance:

  • Access the Service for any reason other than your personal, use solely as permitted by the normal functionality of the Service.
  • Collect or harvest any personal data of any user of the Site or the Service
  • Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • intentionally allow another user to access your account;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Posting and Conduct Restrictions

When you create your own personalised account, you may be able to provide personal details such as name, email address, billing/shipping address and phone number, (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, libellous, false or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
  • You will not submit content that is copyrighted or subject to Third Party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.


Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or Third Party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Emails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at allan@bangorni.com


Links To Other Sites and/or Materials

As part of the Service, we may provide you with convenient links to Third Party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.


Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected Third Party content without necessary rights and permissions.

(b) If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information by email to our designated copyright agent at allan@bangorni.com

  1. The date of your notification;
  2. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.


User Consent To Receive Communications In Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt-out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to allan@bangorni.com

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.


Modification of Terms and Conditions

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavour to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.


Vendor Terms and Conditions (Sunny Bangor Shop)

Effective as of 05/11/2022

https://sunnybangor.com/shop/ You are prohibited to:

  • Divert Sunny Bangor users to another website or sales process either through links, advertisements, marketing messages or “calls to action”
  • Do not contact Sunny Bangor customers directly, unless the customer has purchased a product through Sunny Bangor and/or has sought support from you for that product
  • In any communication with Sunny Bangor customers you must not include advertisements, marketing messages or “calls to action” that encourage customers away from the Sunny Bangor website and keep the communication limited to details around support of your product
  • Misuse the ratings and feedback forum. Do not include inappropriate comments or personal information about any user or supplier in feedback.

*  including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names, trademarks and any other similar protected rights in any country,


Liability and Responsibility

As a Vendor you agree to appoint Sunny Bangor as your non-exclusive agent to display, market and sell products that are owned by or licensed to you; you warrant that you are the original author and own the copyright of the product and therefore have the right to sell the products or that you are a licensee with sufficient authority to do so. In agreeing to these terms and conditions you agree that in selling products through the Sunny Bangor website you are not infringing any legal or intellectual property rights * of any third party and you agree to indemnify and Sunny Bangor from and against all losses, damages, costs and expenses suffered or incurred by Sunny Bangor as a result of or in connection with any intellectual property infringement claim brought or threatened by any third party.

Sunny Bangor has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the products Sunny Bangor displays, markets and sells on behalf of third parties. Products displayed and sold through the Sunny Bangor website remain the property of the vendor. The vendor has sole responsibility and control of their products, including risk of loss.


Reputation and Feedback

As a Vendor you agree to the publication of feedback and ratings about your products, even though the feedback may be critical, insulting or defamatory and you waive all rights against Sunny Bangor in respect of any liability in connection with the publication of defamatory comments about you or your organisation. Should a registered user post inappropriate, untrue or dishonest comments about you or your products you should use the contact form on the website to report them and Sunny Bangor will investigate your claim. It will be at the discretion of Sunny Bangor as to whether the feedback should be removed. Please note that Sunny Bangor will not monitor feedback posted on the Sunny Bangor website.


Product Submission

You, the vendor, will provide the required information for your products as required by Sunny Bangor in the online Product Submission form. You must ensure that the information you provide is accurate, complete and not misleading. You are solely responsible for setting the price of your products and any discounts attributed to those products. Also responsibility lies with you the vendor to define any applicable duration for access to your products, should these be delivered through your own online system. You are solely responsible for the process, format and expense of delivery of your products through your own systems. Downloadable products will be available to the purchaser for a month following their purchase.

You may withdraw any of your products for sale from the Sunny Bangor website however you are required to fulfill any sales that have been made.


Payments and Commission

You give Sunny Bangor, as your agent, the authority to collect the value of all purchases of your products made through the Sunny Bangor website on your behalf. You agree to pay Sunny Bangor a maximum 7.5% commission on the sale of your products sold through Sunny Bangor, calculated as a percentage of the total net price of your product.

Sunny Bangor reserves the right to modify the commissions charged to vendors, following a review of the commission structure, provided that vendors are notified by email of any new commission rates at least 30 days prior to the changes taking place.

Sunny Bangor will collect the value of vendors sales, plus VAT as required, from buyers. Commission payable by the vendor, plus VAT will be deducted from the collected amount and will be payable at request to the vendor by Sunny Bangor, no later than 45 days following sales that have been made. Payments to vendors will be made via but not limited to our integrated payments systems.

Transaction charges of 1.4% + 20p will apply to all orders received when a customer is paying by card via Stripe. Transaction charges of 2.9% will apply to all orders received when a customer is paying via PayPal. Withdrawal charges of 1.4% +20p will apply when a vendor requests and receives their earnings via Stripe. Withdrawal charges of 2% will apply when a vendor requests and receives their earnings via PayPal.


Vendor Policies

As a vendor you are required to have your own Refunds and Returns policy or to agree to the terms of the Sunny Bangor Refunds and Returns policy. In submitting your vendors information to Sunny Bangor and agreeing to the Terms and Conditions you give Sunny Bangor authority to implement your vendors Refunds and Returns policy or if requested the Sunny Bangor Refunds and Returns policy.


Refunds and Returns

If Sunny Bangor refunds a buyer for the value of a product they have purchased, in accordance with the agreed Refunds and Returns policy, the refund will be applied against any amounts owed to you, the vendor. If no amounts are owed then Sunny Bangor will invoice you for the amount paid to you for those sales that were refunded and any commission earned by you, the vendor.


All Users (Sunny Bangor Website and Blog)

Unless otherwise stated, Sunny Bangor (sunnybangor.com) and/or its licensors own the intellectual property rights published on this website and materials used on Sunny Bangor (sunnybangor.com). Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.


Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Sunny Bangor (sunnybangor.com) or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Sunny Bangor (sunnybangor.com)’s express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Sunny Bangor (sunnybangor.com)


No warranties

This website is provided “as is” without any representations or warranties, express or implied. Sunny Bangor (sunnybangor.com) makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Sunny Bangor (sunnybangor.com) does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.


Bullying and Positive Mental Health

As a tourist website, Sunny Bangor (sunnybangor.com) aims to promote the positivity of our sunny seaside city and aim to provide the best local experiences for visitors to Bangor. For this reason, we refuse to promote businesses that show entitlement/negativity/harassment or abuse towards others. This is not what Bangor stands for and we do not want this negativity from any business and/or business clientele reflecting on visitors to Bangor and tourism in the city. Any removals will be reconsidered following a 12-month period.


Limitations of liability

Sunny Bangor (sunnybangor.com) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Sunny Bangor (sunnybangor.com) has been expressly advised of the potential loss.


Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Sunny Bangor (sunnybangor.com) in respect of any:

  • death or personal injury caused by the negligence of Sunny Bangor (sunnybangor.com) or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Sunny Bangor (sunnybangor.com); or
  • a matter which it would be illegal or unlawful for Sunny Bangor (sunnybangor.com) to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.


Other parties

You accept that, as a limited liability entity, Sunny Bangor (sunnybangor.com) has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Sunny Bangor (sunnybangor.com)’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Sunny Bangor (sunnybangor.com)’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Sunny Bangor (sunnybangor.com).


Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


Indemnity

You hereby indemnify Sunny Bangor (sunnybangor.com) and undertake to keep Sunny Bangor (sunnybangor.com) indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sunny Bangor (sunnybangor.com) to a third party in settlement of a claim or dispute on the advice of Sunny Bangor (sunnybangor.com)’s legal advisers) incurred or suffered by Sunny Bangor (sunnybangor.com) arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.


Breaches of these terms and conditions

Without prejudice to Sunny Bangor (sunnybangor.com)’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Sunny Bangor (sunnybangor.com) may take such action as Sunny Bangor (sunnybangor.com) deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


Variation

Sunny Bangor (sunnybangor.com) may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


Assignment

Sunny Bangor (sunnybangor.com) may transfer, sub-contract or otherwise deal with Sunny Bangor (sunnybangor.com)’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.


Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


Entire agreement

These terms and conditions constitute the entire agreement between you and Sunny Bangor (sunnybangor.com) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


Terms of Use last updated 05/11/2022

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