1.1 In these Terms and Conditions of Use:
SPE means South Pacific Electronics Ltd and its related bodies corporate and their respective officers, directors, employees, agents, representatives, information providers, distributors or licensors;
SPE website means the website(s) offered by SPE;
Goods means goods supplied by SPE to a customer (and where the context so permits, shall include any supply of services as defined below);
Intellectual Property means all intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the SPE website;
Material(s) means any document on the SPE website including, without limitation, information, specifications, catalogues, images and diagrams;
Services means all services supplied by SPE and includes any advice or recommendations (and where the context so permits, shall include any supply of goods as defined above);
Terms and Conditions of Use means these terms and conditions of use; and
You means the person whom, or the entity on behalf of which you are acting, agrees to these Terms and Conditions of Use by use of the SPE website.
2. Use of the SPE website
2.1 Your use of the SPE website constitutes your agreement to these Terms and Conditions of Use.
2.2 Any links provided by the SPE website are provided as a service to you and do not imply any association, sponsorship, connection, endorsement or other relationship between SPE and the owners of any of the sites to which SPE provides a link. SPE provides this service at its discretion and accepts no responsibility for the currency of the link or the content of the website to which the link leads.
2.3 You must not link your site to the SPE website without the express permission of SPE. Any link to the SPE website must be to the home page.
3. Rights of SPE
3.1 SPE has the right at any time to change, add or discontinue any aspect or feature of the SPE website including, but not limited to, the Materials and features provided and hours available.
3.2 SPE has the right at any time to change or modify these Terms and Conditions of Use applicable to your use of the SPE website or any part of it or to impose new conditions or to remove conditions. Such changes, modifications, additions or deletions will be effective from the time the new Terms and Conditions of Use are published by SPE on the SPE website. Any use of the SPE website by you after the publishing of the new Terms and Conditions of Use will be deemed to be acceptance by you of the new Terms and Conditions of Use.
3.3 All SPE Goods and Materials appearing on the SPE website are intended for Fiji and International market. The Goods appearing on the SPE website may not necessarily be available in territories other than Fiji.
4. Intellectual Property
4.1 The Materials contained on the SPE website are the subject of copyright and other Intellectual Property and legal rights (including third party rights). You may view the SPE website and its contents and save a copy of the SPE website solely in the operation of your web browser in visiting the SPE website but otherwise may not commit or permit any act which infringes any of the rights set out above without prior written consent from SPE.
4.2 The trade mark “SPE” and any other logos displayed on the SPE website are trade marks. You must not use any trade mark appearing on the SPE website without the prior written consent of SPE or in accordance with a written agreement between you and SPE.
5. Disclaimer and Limitation of Liability
5.1 While SPE takes all reasonable steps to maintain the SPE website, SPE does not warrant that the Materials contained in the SPE website is accurate, complete or current or that any Services will be uninterrupted, timely, secure or free from error, viruses or other harmful components.
5.2 You accept that SPE is not liable for any indirect, incidental, special, consequential, punitive or other damage, loss, cost, expense or any other liability arising directly or indirectly out of your use of the SPE website, your inability to access the SPE website or in connection with any Goods, Services or Materials advertised, offered or supplied through the SPE website.
5.3 The remedy in respect of any breach by SPE of any condition or warranty not otherwise excluded by this clause will be limited, at the option of SPE, to:
(a) the replacement of Goods or Services to which the breach relates; or
(b) the supply of equivalent Goods or Services, or the cost of having those Goods or Services resupplied.
6. Release and Indemnity
6.1 Unless otherwise required by law, you hereby release and indemnify SPE to the fullest extent permitted by law from any loss, damage, injury, action, claim, suit or proceeding by any person in respect of or in any way attributable to your use of the SPE website, your inability to access the SPE website or in connection with any Goods, Services or Materials advertised, offered or supplied through the SPE website.
8. Jurisdiction and Applicable Law
8.1 The laws of Fiji Islands apply to the SPE website and all use of the SPE website.
8.2 SPE and you each agree that the courts of Fiji Islands have non-exclusive jurisdiction to hear any matter arising out of these Terms and Conditions of Use or your use of the SPE website.
8.3 You are responsible for complying with all laws applicable to the use of the SPE website in any jurisdiction from which you access the SPE website.