These Terms and Conditions (these “Terms”) form an agreement between you (the visitor or customer) and Paradise Keepstakes Ltd (trading as “Da Pig Beach”). These Terms are applicable to your access and use of our website, tour booking, and our shop (collectively, our “Services”).

Please read these Terms before using our Service. By using our Services, you demonstrate your agreement and acceptance of these Terms. If you disagree with any of these Terms, we are sorry but you are not permitted to use our Services.

1. Who We Are

We are Da Pig Beach, the provider of the Services. We operate our Services from our base of operation in the Bahamas. We are a Limited company operating in line with the Bahamian law. Below is our contact information if you have any issues with us: 

Paradise Keepsakes Ltd

info@dapigbeach.com

+1(242) 422-4169

2. The Services

The Services comprise access to our website and its features; different tour packages to the Bahamas in specified beach locations; and a shop containing merchandise in different sizes and colors. Due to the nature of the Services, additional terms and conditions may apply when you interact with the different Services. Those additional terms shall be in addition to these Terms. However, if such additional terms conflict with these Terms, the additional terms shall supersede.

3. Privacy Policy

Our Privacy Policy describes the information we collect when you interact with our Services. This includes the sources of information, how we use it, who may access it, our security aspect, your rights, and similar privacy disclosures. Please review our Privacy Policy to understand and agree to our privacy practices. By using our Services, you hereby consent to how we handle your information.

4. Eligible Users

By accessing and using our Services, you represent and warrant that you:

• Are at least 18 years of age (or are supervised by at least a parent or legal guardian);
• Have the legal right and capacity to enter into a binding contract, such as these Terms;
• Are not prohibited from accessing or using our Services under any applicable law.

5. Website Access and License

By complying with these Terms, Da Pig Beach hereby grants you a limited, non-transferable, non-exclusive, revocable license to access and use our website and its content for your personal, non-commercial use.

This license does not include the resale of or commercial use of our website or its content; any use of our product listing, pricing, and description; any use of data mining, bots, or similar data gathering and extraction tools; or any copying of our merchandise design.

You may not (i) utilize framing techniques to enclose any of our trademarks or other proprietary information without our express written approval; (ii) use any meta tags or other “hidden text” using Da Pig Beach’s name or trademarks without express written approval from us; or (iii) misuse our website or any of the contents available on it.

6. Intellectual Property Rights

All content included on our website, including the texts, graphics, logos, images, audio clips, data compilations, and software, is the property of Da Pig Beach or its content suppliers or affiliates and is protected by United States, Bahamian, and international copyright laws. You may not reproduce, distribute, or otherwise use any of our content without prior written consent from us.  

All our products and Services are protected under the trademark registration of VIPIG™ and Da Pig Beach™ in the United States and the Bahamas respectively. Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

7. License and Access

By complying with these Terms, we hereby grant you a limited, non-exclusive, non-transferable license to access and use the website and its content for personal, non-commercial purposes. This license does not include any resale or commercial use of our products, trademarks, or content. Any unauthorized use terminates the permission or license granted by us.

You may not resell or commercialize your use of our website, its content, or our products; reuse our product listing, pricing, and description; use any data mining, bots, or similar data gathering and extraction tools; or copy our service model.

8. Errors and Omissions

Occasionally there may be information on our website that contains typographical errors or omissions that may relate to tour bookings, product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors or omissions, and to change or update information or cancel bookings and orders if any information in our Services at any time without prior notice (including after you have made a transaction).

9. Booking, Cancelation, and Refund

Da Pig Beach offers different unique tour packages, each tailored to meet different customer preferences. Each package has its own dedicated page on our website, detailing the price, included features, and a booking form for easy reservation. Payment is required at the time of booking, with the total cost, including taxes and fees, displayed at checkout.

You can cancel your bookings 24 hours before the tour date for a full refund, with details outlined in our Cancellation Policy. We also reserve the right to modify package details and pricing, with significant changes communicated to you promptly.

Tour availability, schedules, and prices are subject to change without notice. We are not responsible for any changes or cancellations made by third-party service providers. Also, booking a tour involves inherent risks. We are not liable for any accidents, injuries, illnesses, or damages that occur during tours. You should ensure you have appropriate insurance coverage before participating in any tour. We are not responsible for delays or cancellations due to unforeseen events such as natural disasters, weather conditions, political instability, or other force majeure events.

10. Terms of Sale

If you purchase any merchandise through our website, this section applies. By submitting an order, you agree to this section.

• Order Acceptance: We have the right to refuse your offer to purchase from us for any reason at all, including but not limited to, availability and pricing changes. If we cancel your order, our remedy will be to refund the order amount.
• Order Confirmation: When you place an order, you will receive a confirmation email containing information about your order. The order confirmation email does not represent our acceptance of your order. Your order will be deemed accepted when you receive a second email regarding the dispatch.
• Sales and Quantity Limitation: We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products that we offer to you.
• Colors and Sizes: Our products are available in various colors and sizes. While we strive for accuracy, actual product colors may differ slightly due to screen display variations and fabric differences. Detailed size charts are provided for each product, and you should refer to these charts and measure accordingly before purchasing. Fit and comfort may vary by individual preference, and for a looser fit, we recommend ordering a size up. For custom orders (if applicable), please ensure accurate descriptions of desired customizations.
• Pricing and Taxes: Our products are listed in U.S. Dollars. Prices are subject to change at any time but will not affect an already shipped order. The prices do include the applicable tax but do not include shipping costs and handling charges. The breakdown of what you are required to pay will be displayed on the checkout page. Please review it, as we will not issue a refund for this.
• Limitation of Liability: To the maximum extent permitted by law, Da Pig Beach shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the purchase or use of our products.

11. Shipping Policy

• Currently, we ship our products only within the United States. You are responsible for any losses incurred from purchases made to addresses outside of the United States.
• Orders are processed immediately and typically approved within 24 hours, including any customizations requested.
• Processing time ranges from 2-5 business days, potentially longer during peak periods.
• All orders are shipped via standard shipping, with fees calculated at checkout based on distance.
• Estimated delivery is 2-5 business days from dispatch, though actual times may vary due to external factors.
• Custom orders require accurate customization descriptions to avoid liability issues, and tracking information is provided post-shipment.
• Accurate shipping addresses are crucial to prevent delays or lost packages, as Da Pig Beach is not responsible for shipments sent to incorrect addresses.
• Once your order is shipped, you will receive a confirmation email with tracking information. You can use the tracking information to monitor the delivery status of your order through the carrier’s website as provided in the email. 
• In cases of lost or delayed shipments, please contact us at info@dapigbeach.com immediately after you become aware.
• You hereby acknowledge that upon successful delivery, the title and risk of loss immediately pass to you.

12. Refunds Policy

• For purchases of our merchandise, you have until 30 days after confirmation of delivery to initiate a return.
• For you to qualify for a refund, the product must be unopened and unused and the packaging must be intact.
• If you are returning based on a damaged-in-transit product, we will handle the return shipping fees. If you are returning based on something that is not our fault, you will bear the shipping expenses.
• You must communicate your refund request to us at info@dapigbeach.com.
• Once we receive the product, refunds will be done within 7 days to your initial payment method – unless we mutually agree to another payment method.

13. Payment Terms

For all transactions initiated through our website, including tour bookings and product purchase transactions, we accept most credit/debit cards, as provided on the checkout page. By providing your card information, you authorize Da Pig Beach and our third-party payment processors to charge the applicable amount from your card. You warrant that your provided payment card contains funds sufficient to cover the amount displayed on the checkout page and that the information you provided is accurate and complete. You also agree to our use of your payment information, as described in our Privacy Policy.

14. Prohibited Activities

By accessing and using our website, you agree not to:

• Use it in any way that violates any applicable federal, state, local, or international law.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment, or which, as determined by us, may harm us or users of our website or expose them to liability.
• Use it in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use thereof, including their ability to engage in real-time activities through it.
• Use any robot, spider, or other automatic devices, processes, or means to access it for any purpose, including monitoring or copying any of the material and contents.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any of its parts, the server on which it is stored, or any server, computer, or database connected to it.
• Attack it via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with its proper working.

15. User Submissions

If, at Da Pig Beach’s request, you send certain specific submissions (for example contest entries) or without a request from Da Pig Beach, you send creative ideas, suggestions, feedback, reviews, proposals, plans, or other content, whether online, by email, or otherwise (collectively, “User Submissions”), you agree that Da Pig Beach may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, any User Submissions that you forward to us. We shall be under no obligation to (i) maintain any User Submissions in confidence; (ii) pay compensation for any User Submissions; or (iii) respond to any User Submissions.

We may, but have no obligation to, monitor, edit, or remove User Submissions that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your User Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your User Submissions 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 our Services. 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 User Submissions. You are solely responsible for any User Submissions you make and their accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.

16. Termination and Survival of Terms

These Terms may be terminated when you cease to interact with our Services. The termination of these Terms does not apply to certain provisions. These may include, without limitation, our intellectual property rights, disclaimers, dispute resolution, indemnification, limitations of liability, and miscellaneous terms.

17. Disclaimers

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE SERVICES, INCLUDING OUR WEBSITE, ITS CONTENTS, THE PRODUCTS, AND TOUR PACKAGES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” UNLESS OTHERWISE SPECIFIED IN WRITING. DA PIG BEACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS TO THE OPERATION OF OUR SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU HEREBY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DA PIG BEACH DISCLAIMS ALL WARRANTIES – WHETHER EXPRESS OR IMPLIED – INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES, INCLUDING OUR SERVERS AND ELECTRONIC MESSAGES, ARE FREE FROM VIRUSES, TROJAN HORSES, AND OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES WILL BE TO YOUR EXPECTATIONS OR THAT IT WILL BE ERROR-FREE, RELIABLE, OR SECURE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DA PIG BEACH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES THAT YOU MAY SUFFER, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF LOSS OF PROFIT, REVENUE, DATA, INTEGRITY, AND OTHER INTANGIBLE DAMAGES BECAUSE OF YOUR USE OF OUR SERVICES.

WE ARE NOT LIABLE FOR ANY DAMAGES THAT MAY OCCUR FROM THE USE OF OUR PRODUCTS, YOUR PARTICIPATION IN TOURS, AND ACCESS TO OUR WEBSITE AND CONTENTS. IF, FOR ANY REASON, WE ARE FOUND LIABLE BY ANY APPLICABLE LAW FOR YOUR USE OF OUR SERVICES, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID TO US THREE (3) MONTHS BEFORE THE CLAIM OR A SUM OF $100, WHICHEVER IS GREATER.

19. Indemnity

You hereby agree to indemnify, defend, and hold Da Pig Beach (and any affiliated entity or individual) harmless from and against any claims, liabilities, damages, issues, disputes, actions, proceedings, losses, costs, and expenses (including reasonable legal fees) made by any third party due to your use of our Services or breach of these Terms or any applicable laws. 

20. Dispute Resolution 

In the event of any disputes arising out of or relating to the use of our website, tour bookings, or merchandise purchases, you agree to first attempt to resolve the dispute informally by contacting us at info@dapigbeach.com. We will attempt to resolve any such disputes through good faith negotiations within 30 days of receiving your dispute notification.

If we are unable to informally resolve disputes related to these Terms and our Services, such disputes will be governed by and construed in accordance with the laws of the Bahamas, without giving effect to any conflict of law principles that may provide the application of the law of another jurisdiction.

You agree that any legal action or proceeding between you and Da Pig Beach arising out of or relating to these Terms and our Services shall be brought exclusively in the courts of the Bahamas. You irrevocably consent to the jurisdiction of such courts and waive any objection to the laying of venue in such courts.

21. Third-Party Links

Our website and content may contain links that lead to third-party services and their platforms. Third-party services are not governed by these Terms or our policies. Their practices are governed by the terms and policies on their platforms – please read them. By connecting to a third-party service through our website, you release us from any liabilities you may incur therefrom.

22. Changes to Terms

We reserve the right to update, modify, or replace these Terms at any time due to changes to applicable laws or our Services. Such changes (when made) become effective immediately after we post them to this page. We may notify you of such changes via a banner on our website or your provided email address. Nevertheless, you are responsible for checking this page periodically for changes. Where such changes interfere with your rights, we will issue a 30-day prior notice to you – unless applicable laws prevent it. Your continued use of our Services following the posting of any changes constitutes your acceptance of those changes.

23. Entire Agreement

These Terms and any policies posted by us on this website or in respect to our Services constitute the entire agreement and understanding between you and Da Pig Beach and govern your use of our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Da Pig Beach.

24. No Waiver

Da Pig Beach’s failure to exercise or enforce any right or provision of these Terms at any point in time shall not constitute a waiver of such right or provision later or on similar violations.

25. Severability

If any provision of these Terms is found to be unenforceable or invalid, it shall be removed or edited to be valid and enforceable, and it shall not invalidate the remaining provisions of these Terms. The unenforceable or invalid provision will be replaced with a valid and enforceable provision that most closely aligns with the intent of the original provision.

26. Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction.

27. Force Majeure

We shall not be liable to you or any third party for any failure or delay in performance under these Terms resulting from events beyond our reasonable control, including but not limited to, natural disasters, floods, hurricanes, acts of government, internet breakdowns, power outages, or other disruptions.

28. Electronic Communications

By using our Services, you consent to receive electronic communications from us, including via your email address and our website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

29. No Partnership

Your use of our Services does not create any partnership, agency, joint venture, or any other fiduciary relationship between you and us. You may not represent us in any manner except where agreed to by us in writing.

30. Contact Information

Questions about these Terms should be sent to us at info@dapigbeach.com.