TERMS OF SERVICE
Stichting Nationale Parken Bonaire (STINAPA).
Stichting Nationale Parken Bonaire (STINAPA) was founded in 1962. STINAPA is a Non-Governmental Organization (NGO) that manages Nature Parks on the island of Bonaire on behalf of the Public Entity of Bonaire. The parks managed by STINAPA are Bonaire National Marine Park (BNMP) established in 1979 and Washington Slagbaai National Park (WSNP) established in 1969 (the “Parks”).
These Terms of Service (the “Terms”) apply to any product and service the “Service) offered through the website stinapa.bonairenaturefee.org (the “Website”) and any agreement between us and you concluded in connection therewith.
In order to provide the services offered on the Website STINAPA is partnering with various organizations, including but not limited to Reef Support B.V. (Reef Support), a Bonaire based company incorporated with the goal to help Marine Protected Areas (MPAs) around the world to achieve financial sustainability for better management of coral reef environments. It provides this payment platform for STINAPA to collect its user fees. The Website is operated by Reef Support on behalf of STINAPA.
TERMS OF SERVICE
OVERVIEW
Throughout the site, the terms "we", "us" and "our" refer to STINAPA.
STINAPA offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When visiting the Website and/or purchasing something from us, you engage in our service, which may also include the purchasing of products, including but not limited to a tag provided for payment of the fee that provides access to the Parks (the “Tag” as further defined in Section 2 of the Terms) and any information or service provided by us in connection therewith (the “Service”), and we will ask you to agree to the Terms. The Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms carefully before using the Website. If you do not agree to the Terms, then you may not use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature when using the Service online.
A breach or violation of any of the Terms will result in an immediate termination of our Service to you.
The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.
SECTION 2 - ORDER, DELIVERY AND PAYMENT
Upon placing your order of one of our products or services and payment thereof through the Website you will receive an email from us confirming your purchase.
When your order concerns one or more Tags, you will receive two e-mail messages upon payment through the Website.
The first message is sent from the e-mail address sales@stinapa.org titled: “STINAPA Bonaire Transaction Receipt”.
The second message is sent from the e-mail address noreply@bonairenaturefee.org titled: “Tags Receipt”, which contains at least one .pdf file with a unique QR code for each individual for whom the Fee has been paid. This is the Tag.
SECTION 3 - REFUND
STINAPA does not refund any Service ordered through the Website, unless your payment concerns a Tag and one of the following events occurs:
Upon the occurrence of any of the above events we will refund payment of the Tag only upon proper proof of cancelation of your airline ticket to and from Bonaire and your accommodation in Bonaire in that same calendar year.
Refund claims must be submitted within 4 weeks of the date the event based on which you claim a refund first occurred by email via info@stinapa.org.
You can also contact us via this email address if you have any question on our refund policy.
SECTION 4 - Use of the Service
We reserve the right to refuse to provide the Service at any time, whether temporarily or permanently, for any reason, including but not limited to maintenance, an “Act of God” or non-compliance by you or one of the individuals in your group with the Terms, amongst which the rules shown to you in step 2 (Orientation) of the purchase process of the Tag and shown hereunder:
MARINE PARK RULES
- Practice good buoyancy.
- No gloves allowed.
- No chemical lights allowed.
- Secure your gauges.
- Do not touch the reef.
- No take/ No collecting/ No feed.
- No spearfishing.
- No anchoring.
- Traditional fishing only.
- Coral, sharks, turtles and parrotfish are protected.
WASHINGTON PARK RULES
- Enter the park through the main gate. Not by sea.
- Open fires are not allowed. Use the BBQ pits provided or bring your own.
- Use the trash bins to dispose of litter.
- Keep noise levels down. No generator or loud music.
- Stay in the main road (one-way roads. max. speed 25 km/h).
- Animals or plants cannot be brought to or removed from the park.
- No damaging or disturbing wildlife or natural features.
- Do not feed wildlife.
- Entering the mud flats is prohibited.
- Use of drones is prohibited.
- Damaging any facility is prohibited.
Furthermore, the following regulations contain rules regarding the access and use of the Parks:
- Island Ordinance Nature Conversation Bonaire
https://lokaleregelgeving.overheid.nl/CVDR7367 - Island Decision Nature Conversation Bonaire
https://lokaleregelgeving.overheid.nl/CVDR40692 - Island Decision Marine Park Bonaire
https://lokaleregelgeving.overheid.nl/CVDR40370
You accept that you are responsible for the individuals in your group and that each of you will follow these rules and regulations, and any instructions given to you by a ranger or other office of STINAPA upon entry of one of the Parks.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. As far as your information includes personal information we refer to Section 9 (Personal Information) of the Terms and to the Privacy Policy you find on the Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete, or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Website.
If you have doubts or comments about the information on our website, please check our social media or contact us via the e-mail address mentioned below.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service it being noted that once you have paid for the Tag, there will be no additional charge for the Tag during the validity thereof.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, and that all comments will be submitted in accordance with the rules and regulations put forth in the Personal Data Protection Act BES (Wet Bescherming Persoonsgegevens BES). You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through this page is governed by our Privacy Policy and the Personal Data Protection Act BES (Wet Bescherming persoonsgegevens BES) and will be handled accordingly.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or in the site is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall STINAPA or Reef Support, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless STINAPA, Reef Support and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of any of the Terms shall not be construed against STINAPA.
SECTION 16 - GOVERNING LAW AND JURISDICTION
The Terms and any separate agreements whereby we provide you the Service to which the Terms apply shall be governed by and construed in accordance with the laws of BES Islands, Dutch Caribbean. Any dispute arising out of or in connection with the Terms or the Services or any claim in connection therewith will be brought before the Court of First Instance.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at the Website.
We reserve the right, at our sole discretion, to update, change or replace any part of the Terms by posting the updates and changes on the Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
If you have any questions about the Terms, please contact us by email: info@stinapa.org