Pacificomm Portal

Use of Website Terms and Conditions

 

1.1                             Access to the secure areas of the website (portal.pacificomm.co.nz) (the "Website") is restricted to persons who are authorised customers of Pacificomm Group Limited ("Pacificomm"). Access by unauthorised persons is strictly prohibited.

1.2                             By accessing, browsing and/or using this Website, each Customer is expressly agreeing to abide by the terms and conditions referred to in this document ("Terms of Use").

1.3                             Each Customer should read the Terms of Use prior to using this Website.

1.4                             Although Pacificomm may notify Customers of a change in the Terms of Use it is under no obligation to provide such notice and reserves the right to amend the Terms of Use at any time without notice.

1.5                             It is the Customer's responsibility to read and be familiar with these Website Terms of Use.

 

2.1                             This Website is provided for the purposes of allowing the Customer to do the following with an industry standard browser:

(a)    access as presented on this Website information about Pacificomm, the terms of the relationship between Pacificomm and the Customer, and the goods and/or services presented on this Website; and

(b)    communicate to Pacificomm the Customer's desire to purchase goods and/or services presented on this Website.

 

3.1                             Upon registration and the opening of an account with Pacificomm, Pacificomm will authorise the Customer to become a Registered User. Customers will be notified once their Pacificomm account has become fully activated.

3.2                             Registered Users will have access to secure areas of the Websites and may place orders with Pacificomm for goods and/or services presented on this Website.

3.3                             Notwithstanding anything in the Terms of Use or any other agreement between the Customer and Pacificomm, all orders are subject to the acceptance of Pacificomm and no order will be deemed to be accepted by Pacificomm until such acceptance is communicated to the Customer.

3.4                             In addition to any other information Pacificomm thinks relevant, in deciding whether to accept an order placed by the Customer, Pacificomm may have regard to:

(a)    the Customer's account with Pacificomm;

(b)    the Customer's credit status; and

(c)     any previous dealings between Pacificomm and the Customer.

3.5                             The Customer is prohibited from making use of automated systems (bots) to access the Website posing as Users (a practice known as 'site scraping').

 

4.1                             The Customer must:

(a)    use this Website in accordance with the Terms of Use;

(b)    if under the age of 18, obtain a parent or guardian's consent prior to using this Website.

4.2                             The Customer is responsible for maintenance and supply of all their own hardware and software used to access the Website and the Internet.

4.3                             The Customer must not:

(a)    use this Website to post or transmit any information or materials in breach of any laws or regulations;

(b)    use the Website to infringe another parties copyright;

(c)     use the Website to infringe a third party's privacy;

(d)    use the Website to defame, harasses, threaten, menace or offend another person;

(e)    post illegal, obscene, indecent, inflammatory or pornographic material or other material that could give rise to civil or criminal proceedings;

(f)      use the Website to send unsolicited, commercial or bulk email;

(g)    tamper with the settings of the Website;

(h)    use the Website to do anything that constitutes an offence under any law or regulation;

(i)      aid or assist any person to do any of the above acts.

5                                   Security

5.1                             It is the Customer's responsibility to ensure that all details including all telephone, email and address details are correct and current.

5.2                             The Customer must maintain confidentiality on all matters communicated to them by Pacificomm.

5.3                             The Customer must comply and obey all instructions and directions issued to it by Pacificomm regarding the use of the Website or membership details.

5.4                             The Customer must not send or disclose its membership details to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it unless the details are disclosed to an authorised agent or employee ("Authorised Person") of the Customer and that Authorised person agrees to be bound by the Terms of Use.

5.5                             The Customer must immediately notify Pacificomm in writing if they become aware that the confidentiality of the membership details has been compromised or there has been an unauthorised use of the Customer's Pacificomm account. Notice given to Pacificomm does not release the Customer from the Terms of Use.

5.6                             In the event of an unauthorised use, Pacificomm will take reasonable steps to deactivate the Customer's Account and issue the Customer with new membership details within a reasonable time.

6                                   Privacy

6.1                             The Customer agrees that Pacificomm may use and provide personal information about its Customers that is collected on the Website. The collection and provision of collected information is subject to privacy laws and Pacificomm will comply with its Privacy Statement in dealing with any personal information at [www.pacificomm.co.nz/privacy].

6.2                             Pacificomm may release to an Authorised Person information collected by Pacificomm from the Website.

7                                   Disclaimer

7.1                             The content, products and services on the Website provided on an 'as is' basis. Pacificomm does not represent the contents of the Website as being accurate, comprehensive, complete, verified or error free.

7.2                             Pacificomm gives no guarantee that the Website will always be accessible and available and/or fault or virus free.

7.3                             Prior to using any download Pacificomm recommends the user carry out an appropriate virus check as Pacificomm does not accept any liability for any computer viruses transmitted in connection with the use of this website.

7.4                             All trademarks displayed on this website belong to their respective owners unless otherwise indicated.

7.5                             Visitors to the Website are under an obligation to take all reasonable steps to minimise the extent of loss suffered as result.

7.6                             The Customer releases Pacificomm from all liability whether in contract or tort (including negligence), to the maximum extent permitted by law as to the quality and fitness of purpose of the goods and services available on this website.

 

8.1                             The Website may contain links to other web sites operated by third parties ("Third Party Web Sites"). Pacificomm does not endorse, or approve of the operators of those Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

8.2                             Subject to any applicable law which cannot be excluded, Pacificomm makes no warranties or representations:

(a)    regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

(b)    that Third Party Material does not infringe the intellectual property rights of any person. Pacificomm is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

8.3                             All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. Pacificomm expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

8.4                             Pacificomm may receive payments, fees and/or commissions from third party operators for goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Websites. The Customer consents fully to Pacificomm receiving such payments, fees and/or commissions.

8.5                             Third party products, services and information ("Third Party Content") are not provided or endorsed by Pacificomm. Where it is apparent that Third Party Content is not provided by Pacificomm or the Customer has left the Websites, the Customer's legal relationship in respect of the Third Party Content is with the third party provider.

 

9.1                             These are the current Terms of Use. They replace any other terms of use for the Website. Pacificomm may at any time vary the Terms of Use by publishing the varied Terms of Use on the Websites. The Customer accepts that by doing this, Pacificomm has provided sufficient notice of the variation.

9.2                             Pacificomm reserves any rights not expressly granted in these Terms of Use.

  and Termination

10.1                         The Customer may stop using the Website at any time, for any reason.

10.2                         Pacificomm may immediately suspend or limit the Customer's access to the Website if:

(a)    the Customer is in breach of the Terms of Use and the breach in cannot be remedied or the customer has failed to remedy breach within thirty (30) days of being notified of the breach;

(b)    Pacificomm has reasonable grounds to believe that there is a real risk of loss or damage to us or another party unless Pacificomm suspends or limit usage;

(c)     the law requires Pacificomm to do so;

(d)    access to the Websites becomes illegal; or

(e)    there is an emergency.

10.3                         The Terms of Use are effective until terminated by Pacificomm.

10.4                         Pacificomm may terminate this agreement and the Customers Access to the Website at any time without notice.

 In the event of termination, the Customer is no longer authorised to access the Website, but all restrictions, disclaimers and limitations of liability remain enforceable.

10.5                         Termination will not affect any legal right that may have accrued to Pacificomm against the Customer up to the date of termination.

10.6                         This agreement shall be governed by New Zealand law and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

10.7                         If any of the terms in this Terms of Use are invalid for whatever reasons, they will be struck out and the remaining terms will remain in force.

10.8                         A failure by Pacificomm to pursue a breach of the Terms of Use by the Customer does not waive any rights Pacificomm has to pursue the Customer for a similar or subsequent breach.