WEBSITE USER AGREEMENT TERMS AND CONDITIONS
Effective date December 12, 2024.
These terms and conditions (the “Terms and Conditions”) outline the use of 7Points.site (the “Website”). This Website is owned and operated by 7 Points Star Park Inc. This Website is primarily for bookings at a campground and has areas for e-commerce and affiliate links.
By using this Website, you indicate that you have read and understand these Terms and Conditions and agree to the terms and to abide by them at all times. You also understand that we can access and store your personal information and that you have been provided with our privacy policy which you can access at 7points.site/privacy or you can request information about your privacy by contacting info@7points.site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTES.
1. Intellectual Property
(a) Any content whatsoever made available publicly on our Website is the property of 7 Points Star Park Inc. and/or property of any parties having intellectual property rights allowing use of their property to 7 Points Star Park Inc. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website. You may not copy, use or distribute without first obtaining proper permissions from us.
2. Acceptable Use
(a) As a user of our Website, you agree to use our Site legally, not to use our Site for illegal purposes, and not
to:
(i) Harass or mistreat other users of our Website;
(ii) Violate the rights of other users of our Website;
(iii) Violate the intellectual property rights of the Website owners or any third party to the Website;
(iv) Hack into the account of another user of the Website;
(v) Act in any way that could be considered fraudulent; or
(vi) Post any material that may be deemed inappropriate or offensive.
(b) If we believe you are using our Website illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Website. We also reserve the right to take any legal steps necessary to prevent you from accessing our Website. We will provide you with a warning and be transparent in doing so.
3. Accounts
(a) When you create an account on our Website, you agree to the following:
(i) You are solely responsible for your account and the security and privacy of your account including passwords or sensitive information attached to that account; and
(ii) You will provide accurate information regarding guest names to allow us to keep accurate reports for the Province of New Brunswick to review.
(iii) We reserve the right to suspend or terminate your account if you are using our website illegally or if you violate these Terms and Conditions.
4. Sale of Goods And Services
(a) These Terms and Conditions apply to all the goods and services that are displayed on our Website at the time you access it. This includes all products listed as being out of stock.
(i) All information, descriptions, or images that we provide about our goods and services are as accurate as possible however, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Website at your own risk.
(ii) We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount.
(iii) We expect full payment in advance of sending any good or providing any service.
(iv) Services performed are not able to be refunded.
5. Returns
(a) You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
(b) Returns will be processed in a reasonable amount of time but if being processed to a third party financial institution we cannot guarantee time it takes to be processed. Please speak to your institution. We can only provide information of our processing status.
(c) We offer an option to load funds due to you to one of 7 Points Star Park e-gift cards.
(d) We reserve the right to make the decision of how the refund is processed.
(e) Refund requests must be made within 30 days after receipt of your goods.
(f) Refunds do not apply to the following goods:
Campsite reservations;
Services already completed.
(g) We provide refunds for services sold on our Site as follows:
We reserve the right to determine if there should be a full refund or a credit paid to e-gift card and sent to you.
6. Third Party Goods and Services
(a) Our Website may use hyperlinks to goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services not made available directly on our Website.
7. Payments
(a) We accept the following payment methods on our Website:
e-transfer;
cash;
e-gift card;
physical gift card;
or
various options available through Square up, our PCI compliant payment provider, including but not only debit or credit directly or through the payment processor.
(b) When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
(c) If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
8. Shipping and Delivery
(a) When you purchase goods from our website the delivery of goods will take place as soon as reasonably possible, depending on the delivery method selected.
(b) Delivery times may vary and are strictly dependent on the third party shipping company’s process and we cannot guarantee delivery dates. Note that delivery companies likely will not include weekends and statutory holidays.
(c) You will be required to pay delivery charges in addition to the price for the goods you purchase.
(d) You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
9. Consumer Protection Law
(a) Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
10. Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not
responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
11. Limitation of Liability
7 Points Star Park Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Website.
12. Indemnity
Except where prohibited by law, by using this Website you indemnify and hold harmless 7 Points Star Park Inc and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
13. Applicable Law
These Terms and Conditions are governed by the laws of the Province of New Brunswick, Canada.
14. Dispute Resolution
(a) Subject to any exceptions specified in these Terms and Conditions, if you andare unable
to resolve any dispute through informal discussion and other communications, then youagree to submit the issue
first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of
the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to
both you and the costs of any mediation or arbitration will be paid by the unsuccessful
party.
(b) Notwithstanding any other provision in these Terms and Conditions, youagree thatyou both retain the right to bring an action in small claims court.
15. Severability
(a) If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
16. Changes
(a) These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We will notify users of Terms and Conditions by updating them on our Website.
17. Privacy Policies
(a) You agree that you have been made aware that we have a Privacy Policy and that you understand an agree to allow us to use your information in the ways described when you choose to use this website.
(b) The Privacy Policy will be listed on our website and that it may be improved periodically and that you are provided with contact details within it to request information about how we handle your data or information at any time.
(c) We will make you aware of any changes within the Privacy Policy document posted on our Website by posting a notice on our Website of the change and sending you an email and that you agree to receive notifications from us with respect to those changes at the preferred email we have on file for you.
(d) We will post on the same page any changes, and receive your permission prior to acting on the changes, related to how we handle your information.
(e) You agree that if you do not want us to use your information in the ways described in the Privacy Policy that you will not use our Website or provide us with any of your information.
(f) You are responsible to provide us with up to date contact information to provide you with these notifications.
18. Reservations for Campsites
(a) When you make a reservation you acknowledge that we will also provide you with an agreement specifically as it relates to Permit to allow you to access the campsites. You acknowledge that any requested identification or other information be provided to us, 7 Points Star Park Inc., prior to your visit to validate the Permit, that we will require your acceptance of the terms of the Permit and that if you do not physically sign the documents provided that when you arrive at the campsite and/or enter the campgrounds that you are deemed to have accepted all terms within the Permit documents provided to you.
19. Our Contact Details
(a) Please contact us if you have any questions or concerns. Please do not hesitate to reach out if you believe the website to be acting in any strange, suspicious or potentially hazardous manner or you receive any questionable or suspicious correspondence so that we may investigate.
Our contact details are info@7points.site
We also post our contact details on 7points.site on the Information page.
You can also contact us through any feedback form available on our Website or through any third party payment processing software or application if it relates to a payment or order.