|
|
|
Terms and Conditions Terms and Conditions
1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of PantaFilarakia.com, a company based in NZ ("PantaFilarakia.com ", "we" or "us"), in relation to this site and the services offered by PantaFilarakia.com through it (the " PantaFilarakia.com Service"). By registering with PantaFilarakia.com, you agree to the terms of this Agreement, and you re-affirm that agreement every time you access the website. Visitors to PantaFilarakia.com who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the PantaFilarakia.com site. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2. Types of membership. People who register with PantaFilarakia.com become "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay our fee for either a full annual membership or a 6 month membership (which we call "Full Members"), and those who do not ("Standard Members").
As well as being able to browse the PantaFilarakia.com Homepage like any visitor to it, Standard Members may:
- post their name and some other details in the schools, colleges and workplaces which appear on the PantaFilarakia.com Website;
- receive emailed messages, which will be sent to the email address contained in Your Details (which are provided during Registration and may be updated subsequently), sent by Full Members; and
- opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as notification when a new pupil has registered for your school
In addition to the facilities available to Standard Members, Full Members may:
- send email messages to addresses of both Full and Standard Members;
- post to any message boards which may be available on the PantaFilarakia.com Website;
- upload photographs; and
- enter any reunion details for their schools and colleges.
We are not an internet service provider, however. In order to avail of the PantaFilarakia.com Service, you must have internet access and all the software (and skills) required for email and web usage.
3. Full Membership.
If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for either six or twelve months. If you wish to continue with Full Membership after the expiry of the initial six or twelve-month period, we will enable you to do so, at our then-current terms and prices. Please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.
4. Registration. You undertake to register with PantaFilarakia.com using accurate and current information about yourself – including your correct name, address and any other requested details. You also undertake only to add yourself to a school on the PantaFilarakia.com, which you attended at the relevant time. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the PantaFilarakia.com Services, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
5 Privacy policy. PantaFilarakia.com’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the PantaFilarakia.com Website (including any which contain personal information) is, of course, accessible to internet users around the world.
6. PantaFilarakia.com’s Role.
You, whether you are a Member or just a non-Member who visits the PantaFilarakia.com Website, acknowledge that we are not and cannot be held responsible for the behaviour of Members - whether on the PantaFilarakia.com Website or outside of it. We only provide a venue where the PantaFilarakia.com Services may be accessed. In particular, you should be aware that PantaFilarakia.com does not pre-screen or monitor the material contributed by Members.
7. Additional services.
PantaFilarakia.com or its affiliates may offer new or additional services through the PantaFilarakia.com Website from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the PantaFilarakia.com Website in an appropriate manner (as determined by PantaFilarakia.com in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
8. Operation of PantaFilarakia.com Services.
PantaFilarakia.com reserves the right to withdraw or modify one or more aspects of the PantaFilarakia.com Services where we have legal or technical reasons to do so (including technical difficulties experienced by PantaFilarakia.com or on the Internet). There may also be times when the PantaFilarakia.com Website becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information, which facilitates access to the PantaFilarakia.com Services.
9. Misuse of PantaFilarakia.com Service.
We reserve the right (a) to suspend or terminate any Member’s access to the PantaFilarakia.com Website, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the PantaFilarakia.com Website, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the PantaFilarakia.com Service without our prior consent. You are responsible for everything which is done on or through the PantaFilarakia.com Website while your Membership account is logged on to the PantaFilarakia.com Website, or through your email address(es).
10. Relevance.
The PantaFilarakia.com Website is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the PantaFilarakia.com Service – Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the PantaFilarakia.com Service for any business or commercial purpose; or
- use your access to the PantaFilarakia.com website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
11. Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant PantaFilarakia.com Service.
(ii) Fees paid by a Full Member will not be rebated or refunded by PantaFilarakia.com, unless the PantaFilarakia.com Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time, which require the payment of fees – either to us or a nominated third party – on terms, which will be provided to you at the time.
12. Prohibitions.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the PantaFilarakia.com Service, nor any activity or communication you make in connection with any PantaFilarakia.com Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
13 Alerting PantaFilarakia.com. If you see anything on the PantaFilarakia.com Website which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us at abuse@ PantaFilarakia.com. We do not generally monitor material contributed by Members before it is placed on the PantaFilarakia.com Website, and so we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination of Membership.
Each Member acknowledges that we are entitled to withdraw any material on the PantaFilarakia.com Website, which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the PantaFilarakia.com Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the PantaFilarakia.com Website, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the PantaFilarakia.com Website.
15. Disclaimer and Release.
PantaFilarakia.com has no control over or responsibility for the truth or accuracy of any material available on the PantaFilarakia.com Website, whether provided by Members or others.
- If any third party sites are linked to from the PantaFilarakia.com Website, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the PantaFilarakia.com Website than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the PantaFilarakia.com Website is entirely at your own risk.
Accordingly, to the extent that the law permits, you release PantaFilarakia.com its directors, contractors and employees from all liability arising out of or in connection with the PantaFilarakia.com Website and the material included here by Members and other third parties.
16. Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the PantaFilarakia.com Website (including the material which is contributed by Members) are owned by PantaFilarakia.com. It is easy to copy material, which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the PantaFilarakia.com, or any of the material which is found on the PantaFilarakia.com Website unless properly licensed to do so by us.
By submitting any material to the content of the PantaFilarakia.com website, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). PantaFilarakia.com will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18. Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of PantaFilarakia.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) US$10 , or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of six or twelve months, regardless of the cause or form of action.
19. Non-excluded Liabilities. Nothing in this Agreement limits PantaFilarakia.com 's liability for death or personal injury resulting from our negligence, or any other liability, which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the PantaFilarakia.com Service.
21. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of PantaFilarakia.com assign or dispose of this Agreement.
22. Entire Agreement. This Agreement includes our privacy policy (See Private Policy). Together they contain the whole of the agreement between us and you concerning the PantaFilarakia.com Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23. Changes to this Agreement. PantaFilarakia.com reserves the right to change this Agreement from time to time, and post the new version on the PantaFilarakia.com Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.pantafilarakia.com), and the new version of these terms and conditions will take effect, and will govern all PantaFilarakia.com Services and your relationship with PantaFilarakia.com:
- commencing four weeks after the date of posting (or such later date as PantaFilarakia.com indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the PantaFilarakia.com Service; or
- immediately upon the date of posting (or such later date as PantaFilarakia.com indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of PantaFilarakia.com’s addresses or email addresses referred to in this Agreement.
24. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25. Law. This Agreement shall be governed by and construed in accordance with the laws of NZ.
26. Contact.
You can contact us by post at P O Box 35121, Browns Bay, Auckland, New Zealand. If you wish to pay by cheque please make the payable to PantaFilarakia.com and send them to P O Box 35121, Browns Bay, Auckland, New Zealand. Please make sure you include your email address with all correspondence.
Read our Privacy Policy
|
|
|
