Terms of Use

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on South Pacific Mozuku (SPM) form the conditions of supply of material on, use of and access to SPM. Your continued use of SPM 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 SPM.

South Pacific Mozuku

The websites which form the ‘SPM’ are operated by South Pacific Mozuku. These SPM Conditions of Use govern your use of all sites which form part of SPM.

From time to time, SPM may run competitions, prize draws and promotions on SPM. 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 SPM (including disclaimers) may only be amended in writing signed by an authorised officer of SPM and SPM may amend them from time to time.

Online Payment Terms & Conditions

The online payment system provides and an easy method for you to pay for your online publication edition. You can pay in one payment using either a Master Card or VISA card.

An confirmation email will be sent to your specified email address after your payment transaction is successful.

Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction.

We are committed to keeping personal information secure and confidential.

Accuracy of information and disclaimer of warranties

All material on SPM 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 SPM is at your sole risk. Access to SPM is provided on an ‘as available’ basis. Neither SPM its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on SPM 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 (ii) your access to SPM will be uninterrupted, timely or secure. SPM will not be liable for loss resulting from any action or decision by you in reliance on the information on SPM, 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 SPM 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 SPM 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 SPM or the appropriate supplier or licensor of SPM.

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

Trademarks

The SPM logo, the logo’s of the SPM sites and the newspaper mastheads on SPM sites are registered trademarks of SPM or its related bodies corporate. Other trade marks may be displayed on SPM from time to time. These may belong to third parties. Nothing displayed on SPM should be construed as granting any licence 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 SPM or any services on SPM, you warrant to SPM that you will not use SPM for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on SPM. You agree to abide by all applicable laws and regulations.

In particular, you agree not to:

use SPM 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 SPM; impersonate any person or entity; upload, post, e-mail, transmit or otherwise make available using SPM 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. SPM has no obligation to monitor any user’s use of SPM, however SPM 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 SPM if SPM 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 SPM.

Third party links and advertising

Hyperlinks and pointers to websites operated by third parties will appear on SPM from time to time. These websites do not form part of SPM and are not under the control of SPM or its related bodies corporate and neither SPM 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 SPM and do so entirely at your own risk.

SPM 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 SPM 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 SPM, including via e-mail, SPM 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 SPM 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 SPM or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access SPM or any material on SPM; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on SPM.

Applicable law

These conditions and all other specific and additional terms which govern your use or membership of and access to SPM will be governed by and construed in accordance with the laws of the Kingdom of Tonga.