TERMS OF USE
This website, under the domain name www.vitiwatersports.com, operated by Viti Water Sports Ltd (“Viti Water Sports” or “we” or “us”) a company incorporated in Fiji Islands and having its registered office at Shop 11 (PD 116), Denarau Isand, Nadi., Fiji Islands 6702413. Your access to and use of this website is subject to and governed by the following Terms and Conditions (the “Terms and Conditions”). By accessing and using this website, you accept the Terms and Conditions. If you do not accept the Terms and Conditions, please refrain from accessing or using this website.
TERMS AND CONDITIONS
The contents and materials on this website are the exclusive property of Viti Water Sports and may be downloaded or printed for your own personal and non-commercial use only. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Orpheus Dive. You may not, without Orpheus Dive’s express prior written consent, insert a link to this website or from any other website, frame or “mirror” any material contained on this website or from any other server to this website.
All trademarks, service marks and logos displayed in this website are the property of Viti Water Sports and where applicable, third party proprietors identified in this website. No right or license is given to any party accessing this website to download, reproduce or use any of such trademarks or service marks. No such trademark or service mark may be used as a link or to mark any link to Orpheus Dive’s website or any other site.
While we have made every effort to ensure the information or materials on this website is free from error, Viti Water Sports does not warrant the accuracy, adequacy or completeness of the information or material on this website. The information and materials contained in this website, including any services, products, information, data, text, graphics, audio, video, links and other items are provided “as is”, and “as available”. We expressly disclaim liability for errors or omissions in the information and materials. The use of any information or materials on this website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Any personal data (such as your name, ID number, address, telephone number or email address) you transmit to this website will be collected, used and/or disclosed in accordance with the Privacy Policy of this website
Products and services are available only at our discretion, subject to the products and services individual terms and conditions and any relevant disclaimers on which they are offered and such products and services may be withdrawn or amended at any time without notice.
Viti Water Sports makes no representation or warranty that any product or services specified in this website will be available for purchase at any of the Viti Water Sports retail store in Fiji Islands at the specified price or at all.
The contents of this website are subject to change by Viti Water Sports at any time without notice.
The contents of this website are for your general information and personal use only. You may not use this website for commercial purposes.
Viti Water Sports makes no representation or warranty of any kind whether express, implied or statutory (including but not limited to any warranties of title, non-infringement of third party rights, satisfactory quality, fitness for a particular purpose and freedom from viruses and malicious destructive or corrupting codes, programs or similar items or processes) in conjunction with this website, or any information and materials contained or referred to in this website. No warranty is given that access to this website or any part or parts hereof will be provided uninterrupted or free from errors or that any identified defect will be corrected.
In no event shall Viti Water Sports be liable to you or any party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, or economic loss or loss opportunity) in connection with or arising out of your use of this website, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if Viti Water Sports had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by Fiji Islands law.
Viti Water Sports shall not be liable if for any reason this website is unavailable at any time or for any period.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your account and/or your personal information.
You may not use this website to commit, engage in, perpetuate or abet any breach of security, fraud, criminal act or offense. You will not assume a false identity or the identity of another user when using the website and you will not use the website for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these other websites. We have no responsibility for the content of these other websites. We make no representations or warranties that these other websites do not infringe the intellectual property rights of any person. We are not authorizing the reproduction of material found on these other websites.
The Terms and Conditions shall be governed and construed in all respects in accordance with the laws of the Fiji Islands but in enforcing the Terms and Conditions we are at liberty to initiate and take actions or proceedings or otherwise against you in Fiji Islands or elsewhere as we may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Fiji Islands, you shall submit to the jurisdiction of the courts of Fiji Islands in all matters connected with your obligations and liabilities under or arising out of the Terms and Conditions.
A person who is not a party to any agreement governed by the Terms and Conditions has no right under the Fijian Laws to enforce any of the terms of such agreement.
By submitting content, ideas, suggestions, documents, and/or proposals to Viti Water Sports through its suggestion or feedback web pages, you agree acknowledge and agree that
(a) you will not include any content that is or could be unlawful, defamatory, offensive, obscene, dangerous or false or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any contents that contain any viruses, bugs or other harmful elements,
(b) you hereby grant Viti Water Sports a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and sublicensable right and license to use and exercise all copyright and publicity rights you have in any media and for any purpose and
(c) you are not entitled to any compensation or reimbursement of any kind from Viti Water Sports under any circumstances.
If any of the Terms and Conditions are invalid or unenforceable, the remainder of the Terms and Conditions shall continue to have full force and effect.
Your access to this website may be terminated at any time without notice. All disclaimers and limitations of liability by Viti Water Sports will survive termination.
The Terms and Conditions replace any other terms and conditions of use of this website previously published on this website. Viti Water Sports reserves any rights not expressly granted in the Terms and Conditions.
The Terms and Conditions may be amended by Viti Water Sports at any time without notice. The Terms and Conditions as amended from time to time take effect immediately from the time they are published on this website. Your continued use of this website following such publication will be deemed your acceptance of the Terms and Conditions as amended from time to time.
Governing Law
These Terms of Use shall be construed with the Laws of Fiji Islands.