Terms & Conditions
If you're feeling active, our panoramic gym (gymnasium) offers a full range of equipment and such a stunning snapshot view of the Koh Samui coast, that exercising there is far from arduous. To help you cool down, our 30m swimming pool is salt chlorinated and surrounded by Jacuzzis and fountains to further soothe the senses.
1. Terms and Conditions of Use of Site
This web site (the "Site") is provided by The Sunset Beach Resort & Spa, conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By visiting or using this Site (collectively, "Use" of the Site), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other Content from this Site, or to send messages, information, data, text, software or images, or other Content to the Site, (collectively, the "Content"), or to use any Site-related services (the "Services"), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, you should not Use this Site. Similarly, if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site. These Terms and Conditions shall survive any such termination.
The Sunset Beach Resort & Spa has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at our sites. Please check the Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with The Sunset Beach Resort & Spa.
2. Participation and Jurisdiction
The Sunset Beach Resort & Spa makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Thailand. Accessing the Content from locations where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
3. Changes to Site
The Sunset Beach Resort & Spa may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site (including for any Services) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. The Sunset Beach Resort & Spa reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
4. Permitted Uses
You agree to only Use the Site for lawful purposes, and to only send Content and receive Content that is proper and related to the particular Service, and The Sunset Beach Resort & Spa (subject to the Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-sublicenseable, revocable, limited right, to so Use the Site solely for your own personal or internal company use. You may download or make a single copy of all or any part of the Content for your own personal use, provided you display our copyright and/or trade-mark notices on your copy.
5. Prohibited Uses
You may not, nor may you allow others to, directly or indirectly:
1. remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Content on any other web site; or transfer any of the Content to any other person without the prior written consent of The Sunset Beach Resort & Spa;
2. print or copy any of the HTML or other computer software that is accessible at this Site;
3. Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part);
4. use or attempt to use another's credit card information, personal information, or other information in connection with this Site without prior written authorization from The Sunset Beach Resort & Spa; create or use a false identity on this Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; or send to this Site or The Sunset Beach Resort & Spa any incomplete, false or inaccurate information; or
5. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; or delete or revise any Content posted on this Site. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. The Sunset Beach Resort & Spa will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. The Sunset Beach Resort & Spa reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.
6. Proprietary Rights
1. This Site, including without limitation all Content, is protected by Thai and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of The Sunset Beach Resort & Spa or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
2. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of The Sunset Beach Resort & Spa or its affiliates (the "Marks"), and are protected in Thailand and internationally and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of The Sunset Beach Resort & Spa is strictly prohibited.
3. Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
4. The Sunset Beach Resort & Spa considers all of its intellectual properties to be very important assets of The Sunset Beach Resort & Spa and will protect them from unauthorized use by others. Except as expressly provided herein, The Sunset Beach Resort & Spa does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of The Sunset Beach Resort & Spa or of any other contributor of Content to the Site.
7. Links and Disclaimers of Linked Sites
Certain links on this Site may take you to other web sites. The Sunset Beach Resort & Spa provides these links only as a convenience. These linked sites are not necessarily under the control of The Sunset Beach Resort & Spa. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The Sunset Beach Resort & Spa is not responsible for the contents of any such linked pages or any other pages not under its control. The Sunset Beach Resort & Spa makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that The Sunset Beach Resort & Spa sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of The Sunset Beach Resort & Spa. You agree that you shall not point or link from a site directly to content within this Site without the express prior written permission of The Sunset Beach Resort & Spa. The Sunset Beach Resort & Spa reserves the right to disable links from third party sites to this Site.
The Sunset Beach Resort & Spa welcomes links to this Site. However, you agree that if you want to link to this Site, you may only do so provided you (a) provide The Sunset Beach Resort & Spa with prior written notice describing the nature and features of the Site and the location of the link to the Site, (b) obtain the prior written consent of The Sunset Beach Resort & Spa to such link, and (c) agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
1. A link may only be established to the following home page of this Site: http://www.thesunsetbeachresort.com. Links may not be established to any other pages on this Site without The Sunset Beach Resort & Spa’s prior written permission.
2. If you link to this Site, The Sunset Beach Resort & Spa grants you a limited, non-exclusive, non-transferable, royalty-free license to use The Sunset Beach Resort & Spa trademark and internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of The Sunset Beach Resort & Spa's trademarks or service marks for any reason without The Sunset Beach Resort & Spa's prior written permission.
3. The linked website shall not:
● change in any material way the nature and features of such website from that described to The Sunset Beach Resort & Spa in the written notice provided to The Sunset Beach Resort & Spa prior to the establishment of the link;
● create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
● and other materials shall not, imply that The Sunset Beach Resort & Spa is endorsing you or any other person, or your or such other person's products or services;
● imply an affiliation between you or any other person, or your or such other person's products or services, and The Sunset Beach Resort & Spa without the prior written consent of The Sunset Beach Resort & Spa;
● misrepresent the relationship of you or any other person with The Sunset Beach Resort & Spa or present false, misleading or otherwise damaging information or impressions about The Sunset Beach Resort & Spa or any of its products or services; and
● contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.
4. For greater certainty, The Sunset Beach Resort & Spa shall have no responsibility or liability for any content appearing on the linked web site.
5. The Sunset Beach Resort & Spa may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If The Sunset Beach Resort & Spa exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks; The Sunset Beach Resort & Spa may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
8. User Communications
The Sunset Beach Resort & Spa makes reasonable efforts to ensure that the content it provides to the site is accurate and current. However, you acknowledge and agree that:
1. The Sunset Beach Resort & Spa makes no representation or warranty of any kind regarding the Site, (including without limitation the Content and each Service), including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content or any Service;
2. that you will be solely responsible for any Content you provide the Site or otherwise provide to The Sunset Beach Resort & Spa, including without limitation for its truthfulness and accuracy; and The Sunset Beach Resort & Spa and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade. for greater certainty, The Sunset Beach Resort & Spa does not warrant that this site will continue to operate, operate without interruptions or be error-free.
10. Limitation of Liability
You agree that in no event witll The Sunset Beach Resort & Spa or any of its affiliates have any responsibility or liability in connection with this site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings loss of revenue, loss of foodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this site, the content, any content of any linked web site, or failure of such web sites, (including without limitation any damages suffered as a result of omisions or inaccuracies in such web sites or content, or the transmission of confidential or sensitive information to or from such web sites) even if hockley valley or any of its affiliates has been advised of the possivility of such damage or loss or if such damage or loss was foreseeable.
You agree to defend, indemnify and hold harmless each of The Sunset Beach Resort & Spa, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site (including without limitation the Content and each Service) or your breach of the Terms and Conditions.
12. Choice of law
This Site is controlled, operated and administered by The Sunset Beach Resort & Spa from its offices within Thailand. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of Thailand, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
The Terms and Conditions constitute the entire agreement between The Sunset Beach Resort & Spa and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between The Sunset Beach Resort & Spa or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and The Sunset Beach Resort & Spa. The Sunset Beach Resort & Spa’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall ensure to the benefit of The Sunset Beach Resort & Spa and its affiliates. Any and all references in the Terms and Conditions to The Sunset Beach Resort & Spa and its affiliates shall, where the context so permits, include The Sunset Beach Resort & Spa's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretative effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. The Sunset Beach Resort & Spa may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time. You agree that these Terms and Conditions and all documents relating thereto should be drafted in the English language.
15. Questions on Terms and Conditions
Should you have any questions regarding the Terms and Conditions, you may contact The Sunset Beach Resort & Spa at: firstname.lastname@example.org