The South Pacific Tourism Organisation (“SPTO”) provides the SPTO Web site subject to your compliance with the terms and conditions below.
PLEASE READ THIS BEFORE ACCESSING THE SPTO SITE. BY ACCESSING THE SPTO SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SPTO SITE.
1. Rules. While visiting the SPTO Site, you may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the SPTO Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the SPTO Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the SPTO Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
2. Monitoring. SPTO has no obligation to monitor the SPTO Site. However, you agree that SPTO has the right to monitor the SPTO Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the SPTO Site properly, or to protect itself or its subscribers. SPTO will not intentionally monitor or disclose any private electronic-mail message unless required by law. SPTO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy. SPTO cannot ensure or guarantee privacy for SPTO users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and SPTO shall be relieved of all liability in connection therewith.
4. Buying over the Internet. When making purchases or other transactions through the SPTO Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the SPTO Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the SPTO Site. SPTO is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Limitation of Liability. SPTO takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the SPTO Site. Further, SPTO makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the SPTO Site for any purpose. All such software, documents and related graphics are provided without warranty of any kind. In no event shall SPTO be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse. If you are dissatisfied with the SPTO Site or with any terms, conditions, rules, policies, guidelines, or practices of SPTO in operating the SPTO Site, your sole and exclusive remedy is to discontinue using the SPTO Site.
7. Confidential Information. You authorize SPTO to collect from any party and to retain all relevant information relating to your use of the SPTO Site, and you hereby authorize any party to provide us with such information.
8. Indemnity. You agree to defend, indemnify and hold SPTO harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the SPTO Site or the Internet or the placement or transmission of any message, information, software or other materials on the SPTO Site or on the Internet by you or users of your account.
9. Trademarks. The South Pacific Tourism Organisation, SPTO, Discover Paradise and other names, logos and icons identifying SPTO products and services referenced herein are trademarks of the the South Pacific Tourism Organisation. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
10. Miscellaneous. This Agreement, including any and all documents referenced herein, constitute the entire agreement between SPTO and you pertaining to the subject matter hereof. SPTO’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of Fiji.