Terms and Conditions

INTRODUCTION

The Terms of Use will govern your use of this website, including all pages within this website (Fiji High Commission Website). The Terms of Use of the Fiji High Commission Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Fiji High Commission Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Fiji High Commission Website.

By using the Fiji High Commission Website, you acknowledge and agree to all the Terms of Use. You must not use the Fiji High Commission Website, if you do not agree, or have any objection, to any of the Terms of Use.

WEBSITE ACCESS

Fiji High Commission does not guarantee that access to the Fiji High Commission Website will be uninterrupted or that the Fiji High Commission Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the Fiji High Commission Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.

Certain areas of the Fiji High Commission Website may be restricted from access by you and Fiji High Commission may further restrict your access to any areas of the Fiji High Commission Website, at any time, in its sole and absolute discretion.

LIMITATION OF LIABILITY

The Fiji High Commission Website is provided “as is,” and Fiji High Commission makes no express or implied representations or warranties, of any kind related to the Fiji High Commission Website or its content. Fiji High Commission does not warrant the accuracy, reliability, adequacy or completeness of any of the Fiji High Commission Website content. You acknowledge and accept that the Fiji High Commission Website content may include faults, inaccuracies and errors.

Nothing contained on the Fiji High Commission Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the Fiji High Commission Website you wish to rely upon.

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Fiji High Commission excludes all liability for, and neither Fiji High Commission nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:

your use of, or reliance on, the Fiji High Commission Website or its content; or
the performance or failure of the Fiji High Commission Website.

You hereby indemnify Fiji High Commission from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the Fiji High Commission Website, its content or breach of any of the provisions of the Terms of Use.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then Fiji High Commission’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

INTELLECTUAL PROPERTY

The content on the Fiji High Commission Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of Fiji High Commission or have been made available for use by Fiji High Commission and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:

copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,

without the express prior written consent of Fiji High Commission. Alternatively, you should direct the third party to the Fiji High Commission Website and the relevant Content on the Fiji High Commission Website.

Fiji High Commission does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the Fiji High Commission Website except as granted in these Terms of Use or as expressly granted by Fiji High Commission in writing.

SUBMISSIONS

Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the Fiji High Commission Website (Your Content) will be deemed to be non-confidential and non-proprietary. Fiji High Commission will be entitled to use any of Your Content for any purpose without compensation to you.

Your Content must be your own and must not infringe any third party’s rights. You grant Fiji High Commission a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the Fiji High Commission Website.

THIRD PARTY WEBSITES

The Fiji High Commission Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Fiji High Commission does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. Fiji High Commission does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.

LINKS TO Fiji High Commission WEBSITE

If you wish to establish a link to this website, you must first seek approval from Fiji High Commission. Please email Fiji High Commission with your request at [email protected]. You must not establish a link to the Fiji High Commission website without Fiji High Commission’s express written approval.

If Fiji High Commission agrees to your proposed link, you must comply with any terms and conditions imposed by Fiji High Commission as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Fiji High Commission and provide a new description of your website and seek Fiji High Commission’s written approval to retain the link to the Fiji High Commission Website.

Fiji High Commission may at any time withdraw its approval to your link by notifying you in writing. If Fiji High Commission notifies you that its approval has been withdrawn you must immediately remove the link to the Fiji High Commission Website.

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Fiji High Commission Website or any of its Content or Brands.

You must not:

use the Fiji High Commission Website in any way that is, or may be, damaging to the Fiji High Commission Website or to Fiji High Commission or in a way that causes, or may cause, harm to Fiji High Commission, the Fiji High Commission Website or to any person or entity;
use the Fiji High Commission Website in any way that impacts with user access to the Fiji High Commission Website;
use the Fiji High Commission Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Fiji High Commission Website or its Content or while using the Fiji High Commission Website or its Content; or
use the Fiji High Commission Website to engage in any advertising or marketing.

JURISDICTION

These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.

VARIATION OF TERMS

Fiji High Commission is permitted to revise these Terms of Use at any time as it sees fit, and by using the Fiji High Commission Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the Fiji High Commission Website.

ASSIGNMENT

Fiji High Commission may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.