<p>Access to and use of this website (www.pacificonlinedirectory.com) (the “Website”) is owned and operated by E-Business (Fiji) and is subject to the following:</p>
<p>Interpretation</p>
<p>In these Terms and conditions the following words shall have the following meanings:</p>
<p>“Terms”, “Conditions” means these terms and conditions of website use;</p>
<p>“us”, “our” or “we” means E-Business(Fiji) and www.pacificonlinedirectory.com</p>
<p>“Website”, “site” means the internet website the index page of which is located at the URL http://www.pacificonlinedirectory.com/</p>
<p>“you” or “your” means the visitor to the Website.</p>
<p>“Content” means any information or material supplied through, or derived from the Website</p>
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<p>1. Applicability and Acceptance</p>
<p>The following Conditions of Use (the "Conditions") apply to anyone accessing and using Pacific Online Directory (the "Site"), or any part of it. Please note that if you choose other services from E-Business(Fiji) after you have registered, you may be asked to accept the relevant terms and conditions for that service or feature.</p>
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<p>2. Acceptance of Terms &amp; Conditions of Use</p>
<p>By using the Site you agree to be bound by these Terms &amp; Conditions. We may modify these Terms &amp; Conditions from time to time and you are therefore advised to keep up to date with any changes by regularly reviewing these Conditions.</p>
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<p>3. Eligibility</p>
<p>3.1 The Site is available to you for your personal use which may include business networking, business creation, support of your customers and legitimate commercial activities as provided by the Site. We do not permit use of the Site for your direct commercial gain, for example selling site access to any part of www.pacificonlinedirectory.com.</p>
<p>3.2 You must be Eighteen years of age or over in order to use the Site. Any registration by anyone under Eighteen years of age will not be permitted.</p>
<p>4. Registration, Access &amp; Account Security</p>
<p>4.1 When you use the Site you may add a business listing in the directory, It is your responsibility to ensure that you have an appropriate web browser or any other technical requirements in place in order to access and make use of the Site.</p>
<p>4.2 If you register with us a business, then you may only register that business once. If you want to register the listings in more than one country you can do so by paying for the yearly subscription.</p>
<p>4.2 When using this Site, you agree to:</p>
<p>provide us with and maintain accurate, current and complete information about you on registration to the Site;</p>
<p>maintain and promptly update any information you provide to us including registration information, where it may have changed, keeping it accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place using your account.</p>
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<p>5. Ownership of Content</p>
<p>5.1 The content of the Site is protected by copyright, trademark and other intellectual property rights as applicable.</p>
<p>5.2 Except for your content that you have the legitimate right to post or make available on the Site, all content on the Site is owned by E-Business(Fiji) or licensed to by third parties, including information, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files, and their selection and presentation ("Our Content").</p>
<p>5.3 You must not, without our prior written consent, copy, publish, download, de-compile or modify Our Content or use any or part Our Content, unless otherwise agreed in writing by E-Business(Fiji).</p>
<p>5.4 You may download or print a copy of any part of our Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademarks, logos or other proprietary notices intact. E-Business(Fiji) reserves the right to withdraw its consent at any time.</p>
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<p>6. Content you post on the Site</p>
<p>6.1 You are responsible for all content (including information, text, pictures, photographs, messages, notes, videos software, and other files or material) that you upload or post on the Site or communicate to other users through the Site. If you did not create content that you post or otherwise make available to the Site, it is your responsibility to ensure that you have the necessary consent from the owner of the content to use it on the Site. You are responsible at your own cost for creating backup copies and replacing any content that you upload or post on the Site or provide to us.</p>
<p>6.2 In order to ensure that the full benefits of the Site are realised by all users, we would encourage you to upload your content as you see fit. So that others (including potential customers) may access and benefit from your content, E-Business(Fiji) needs to ensure that it has your permission to make your content available. You therefore agree to give us (as providers of the Site), a non-exclusive, transferable, royalty-free, worldwide licence to use any content that you upload, post or otherwise make available on the Site.</p>
<p>6.2 You agree to indemnify E-Business(Fiji) against all claims and proceedings arising from infringement of any third party's intellectual property rights as a result of content that you have posted on or made available on the Site. This indemnity does not apply to claims or proceedings arising from E-Business(Fiji)'s use of your content other than in accordance with these Conditions. E-Business(Fiji) can withdraw your content at any time without notice.</p>
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<p>7. User Conduct</p>
<p>7.1 You agree not to use the Site (or any part of it) to:</p>
<p>act in any way that is unlawful or defamatory, in contravention of any licence, third party rights, or in contravention of any guidance that E-Business(Fiji) may give to you , damage, disable, overload or affect the operation of the Site; collect email addresses or other contact information of other users from the Site by any means for the purposes of sending unsolicited emails or other unsolicited communications; solicit personal information, passwords or other personally identifying information for commercial or unlawful purposes; register yourself for more than one account, or register on behalf of another individual or group without our written consent; provide false or misleading information about yourself or your business, or create a false identity; or use or attempt to use another's account, service or system without E-Business(Fiji) prior written authorisation.</p>
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<p>7.2 E-Business(Fiji) takes any misuse of the Site very seriously, therefore you agree to take all necessary steps to make sure that you do not misuse the Site. If we reasonably believe that you have misused the Site (or any part of it) in any way, then we may terminate your registration, remove your content, and/or suspend or terminate your access to the Site without notice. E-Business(Fiji) will be under no obligation whatsoever to reinstate your registration or give access to E-Business(Fiji) Web Site.</p>
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<p>7.3 You agree to indemnify E-Business(Fiji) against all legal fees, damages and other expenses that we may reasonably incur as a result of any misuse of the Site (or any part of it).</p>
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<p>7.4 If you believe that any content displayed or made available on the Site includes any of the above offences, then please let us know through our contact page which is displayed on the Site.</p>
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<p>8. Security</p>
<p>8.1 You are responsible for the security and proper use of any user IDs and passwords required for registration on the Site and to maintain your E-Business(Fiji) Network, you must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.</p>
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<p>8.2 Although we provide security measures to prevent access by unauthorised users to the Site and E-Business(Fiji) Member Area, we do not guarantee that such security measures are fault free. You acknowledge that your E-Business(Fiji) Members Area could be accessed by unauthorised users should they be able to break through or bypass our security measures.</p>
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<p>9. Liability</p>
<p>9.1 E-Business(Fiji) accepts liability as set out in these Conditions. E-Business(Fiji) does not guarantee that the Site will be fault-free.</p>
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<p>9.2 E-Business(Fiji) does not exclude or restricts it's liability for death or personal injury caused by E-Business(Fiji) negligence or for fraudulent misrepresentation or to any extent not permitted by law.</p>
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<p>9.3 E-Business(Fiji) shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other direct loss.</p>
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<p>9.4 E-Business(Fiji) shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, loss of or damage to physical property, business interruption or for any other indirect or consequential loss or punitive damages.</p>
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<p>9.5 E-Business(Fiji) accepts liability in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss limited to FJ 1,000 for all events in any 12 consecutive month period.</p>
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<p>9.6 E-Business(Fiji) excludes all liability of any kind (including negligence) in respect of any third party product, services, content, or other material made available on, or which can be accessed using, the Site or the validity of the provider of such product, services, content or other materials.</p>
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<p>9.7 Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.</p>
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<p>10. Disclaimer of warranties and representations</p>
<p>10.1 E-Business(Fiji) excludes any and all warranties or representations whether express or implied, including without limitation any warranties or representations for merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or the accuracy or completeness of third party products, services, content or any other material made available on, or which can be accessed using, the Site, to the fullest extent permitted by law.</p>
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<p>11. Suspension, withdrawal and termination</p>
<p>11.1 We reserve the right to suspend or withdraw the Site at any time without notice.</p>
<p>11.2 E-Business(Fiji) reserves the right to suspend or terminate any member's registration and use of the Site, including the suspension and/or termination of any E-Business(Fiji) Member Listing.</p>
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<p>12. Personal Data</p>
<p>In addition to our commitments under our Privacy Policy, E-Business(Fiji) may keep any personal data that you disclose for the purposes of general trend and market analysis. It is your responsibility to ensure that you have the necessary consents if you pass on a third party's email address to www.pacificonlinedirectory.com</p>
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<p>13. Changes to the Site</p>
<p>We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, without notice, the Site (or any part of it, including any E-Business(Fiji)( Member Area &amp; Business Listing) and/or the information, content, videos, materials, products and/or services (or any part of them) available through the Site (or www.pacificonlinedirectory.com/ Member Site) at any time.</p>
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<p>14. Trademarks</p>
<p>E-Business(Fiji) is a trademark. All other trademarks, product names and company names or logos cited anywhere on "www.pacificonlinedirectory.com" are the property of their respective owners.</p>
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<p>15. Disputes</p>
<p>You are solely responsible for your interactions with other www.pacificonlinedirectory.com users. E-Business(Fiji) reserves the right to (but has no obligation to) monitor disputes between you and other users.</p>
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<p>16. Payments</p>
<p>Payments are deemed due when you select additional options or features, the fee for which is displayed and due immediately, you agree to credit to us the full value of your order when you have pressed the send or submit button, if the amount remains unpaid we reserve the right to pursue you for the outstanding balance.</p>
<p>We use the ANZ merchant service (Hosted Solution) for credit card to process our online credit card payments. Your credit card / debit card statement will display E-Business(Fiji) for any transaction undertaken through the site www.pacificonlinedirectory.com.</p>
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<p>17. Refunds / Cancellations</p>
<p>We do not provide refunds on any business listing or advertising space that has been paid for. You enter into the agreement that you are contracted to the advertising time length that you pay for on registration which is 365 days/ 12 months.</p>
<p>You can cancel your advertisement at any time but you will not receive a refund for the outstanding time not used.</p>
<p>18. Applicable Law</p>
<p>This agreement is governed by and shall be construed in accordance with the law of Fiji and the parties submit to the non-exclusive jurisdiction of the courts of the Fiji Islands.</p>