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Terms & Conditions

Conditions of use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Prouds Website form the conditions of supply of material on, use of and access to Prouds Website. Your continued use of Prouds Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Prouds Website.

Prouds Website

The Websites which form the ‘Prouds Online’ are operated by Stinson Pearce Limited and its related bodies corporate. These Prouds Conditions of Use govern your use of all sites which form part of Prouds Website.

From time to time, Prouds Website may run competitions, prize draws and promotions. These will be subject to additional terms and conditions, which will be made known to you at the time.

All terms and conditions, which govern your use of Prouds Website (including disclaimers), may only be amended in writing signed by an authorized officer of Prouds Website and may amend them from time to time.

Accuracy of information and disclaimer of warranties

All material on Prouds Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Prouds Website is at your sole risk. Access to Prouds Website is provided on an 'as available' basis. Neither Prouds Website, its related bodies corporate nor its or their directors or employees make any representation or warranty that
  • any material on Prouds Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
  • your access to Prouds Website will be uninterrupted, timely or secure. Prouds Website will not be liable for loss resulting from any action or decision by you in reliance on the information on Prouds Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

General information only - non advisory

The material on Prouds Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright

The material provided on Prouds Website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Prouds Website or the appropriate supplier or licensor of Prouds Website.

You may not use any part of the material on Prouds Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks

The Prouds Website logo, the logo’s of the Prouds Websites are registered trademarks of Prouds Website or its related bodies corporate. Other trademarks may be displayed on Prouds Website from time to time. These may belong to third parties. Nothing displayed on Prouds Website should be construed as granting any license or right of use of any logo, masthead or trade mark displayed on a website, without the express written permission of the relevant owner.

Your conduct

As a condition of your use of Prouds Website or any services on Prouds Website, you warrant to Prouds Website that you will not use the website for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Prouds Website. You agree to abide by all applicable laws and regulations.In particular, you agree not to:

  • use Prouds Website to defame, abuse, harass, stalk, threaten or otherwise offend others;
  • publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Prouds Website;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using Prouds Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • breach any applicable laws or regulations.

Prouds Website has no obligation to monitor any user's use of Prouds Website, however Prouds Website retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You will indemnify Prouds Website if Prouds Website or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Prouds Website.

Third party links and advertising

Hyperlinks and pointers to websites operated by third parties will appear on Prouds Website from time to time. These websites do not form part of Prouds Website and are not under the control of Prouds Website or its related bodies corporate and neither Prouds Website nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Prouds Website and do so entirely at your own risk.

Prouds Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Prouds Website or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

If you contact a third party using functionality provided on Prouds Website, including via e-mail, Prouds Website accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Applicable law

You expressly agree and understand that in no circumstances will Prouds Website or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Prouds Website or its related bodies corporate) which result from

  • the use of or access to or any inability to use or access Prouds Website or any material on Prouds Website;
  • unauthorized access to or alterations of your transmissions or data; or
  • statements or conduct of any third party on Prouds Website.
These conditions and all other specific and additional terms which govern your use or membership of and access to Prouds Website will be governed by and construed in accordance with the laws of the Republic of the Fiji Islands.
 

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