Terms and Conditions and Privacy Policy - Prouds

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 PTE 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 solely 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

A. 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

B. 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 logos 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:

A. use Prouds Website to defame, abuse, harass, stalk, threaten or otherwise offend others;

B. publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

C. use any automated scripting tools or software;

D. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Prouds Website;

E. impersonate any person or entity;

F. 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;

G. 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

A. the use of or access to or any inability to use or access Prouds Website or any material on Prouds Website;

B. unauthorized access to or alterations of your transmissions or data; or

C. 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.

Privacy Policy

Privacy Statement

Prouds Website recognizes the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our websites, future subscribers to and users of our services, purchasers of our products and advertising customers.

Personal Information

Sometimes we collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.

We usually collect personal information directly from you although at some time we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.

Use of Aggregate Data

We may collect certain non-personal information to optimize our goods and services including our Web pages for your computer (e.g. the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.

Prouds Website may use personally identifiable information in aggregate form to improve our goods and services including our websites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by Prouds Website or provided to others as a summary report for marketing, advertising or research purposes.

Security

Prouds Website strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorized use or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Cookies

Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies can facilitate a user’s ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as website appearance and functionality.

Online Links to Third Party and Co-Branded Sites

Prouds Website may establish relationships with business partners that allow visitors to our internet sites to link directly to sites operated by these partners. Some of these sites may be “co-branded” with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.

Prouds Website is not responsible for the content or practices of websites operated by third parties that are linked to our sites. These links are meant for the user’s convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by Prouds Website of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.

What else you should know about privacy on the Internet

Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your own computer.

Whenever you voluntarily disclose personal information over the Internet that this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet.