These are the Terms & Conditions (the Terms) which apply to the Pasifika TV website (the Site).
If you use the Site you acknowledge that you have read and understood the Terms and agree to be bound by them.
Pasifika TV may change the Terms from time to time. Using any Pasifika TV Site after the Terms have changed means you accept the changed Terms. The Site, and the information on it, is intended for the Pacific and New Zealanders only, although others are welcome to visit the Site. Non-New Zealanders who visit the Site do so of their own initiative and are responsible for obeying their local laws. New Zealand law governs the Site.
All content on the Site is protected by intellectual property rights (copyrights, trade marks or other rights and laws). You need Pasifika TV’s prior written consent to deal with any of the Site content. Pasifika TV takes no responsibility for other sites which may be linked to the Site. If you link to the site it is at your own risk. You use the Site at your own risk. The Site may not always be available, for example, during maintenance or repair. Pasifika TV endeavours to make sure that the content in the Site is correct, but it is provided “as is” and “as available”, without warranties of any kind (either express or implied).
You agree that Pasifika TV will not be liable for your reliance on any information on the Site (even if negligently provided). You also agree that Pasifika TV will not be liable for any damages (direct, incidental, special, consequential, indirect or punitive) resulting from the use of (or inability to use) the Site. You agree that if we are held responsible for any damage or loss, Pasifika TV’s total liability to you for all damages, losses, and causes of action (whether in contract, tort – including but not limited to negligence – or otherwise) will not exceed the amount paid by you, if any, for accessing the Site.
If you are a business using the Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 does not apply to your use of the Site or your reliance on the Site.
If you breach the Terms in any way you agree to keep Pasifika TV fully indemnified against all the consequences of your breach.
While we endeavour to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control. We do not warrant that the Site is completely secure.
We respect your privacy and comply with the Privacy Act 1993. We will ensure that all personal information, if any, stays within Pacific Cooperation Broadcasting Limited (owner of Pasifika TV). We may use such information in relation to providing publications, services and information to you. You are entitled to access the personal information we hold about you, and amend it if it is incorrect.
During the course of dealing with you, Pasifika TV may collect basic personal information about you, including but not limited to your name, address and contact details.
When initiating contact with Pasifika TV via mobile phone (ie. including but not limited to sending Pasifika TV a text), the phone number from which the text was sent may be stored in a database.
The Site places a cookie on the hard drive of your computer. A “cookie” is a file which allows us to track and target the interests of users. While we recommend that users enable cookies on their browsers in order to enjoy all the features of the Site, the decision remains in the hands of the individual. (The management of cookies will be Pasifika TV Limited or a nominated party delivering the service on our behalf).
USE OF INFORMATION
We collect information on our users through registration and use of the website, through cookies, where you choose to disclose data in postings, and when participating in surveys, research or related activities.
The minimum information we need to register a user is an email address, a password.
We may also ask some further, voluntary questions during registration for certain services so we can gain a clearer understanding of our users. This also enables us to personalise services for our users.
UPDATING PERSONAL INFORMATION
When logged in, there is an option to edit details where you can update your personal information.
Please note that we reserve the right to access and disclose personal data to comply with applicable laws and lawful government requests, to operate our systems properly and to protect both ourselves and our users.
We may use service providers to help us run this site or services available on the site. Any third parties who access your data in the course of providing services on our behalf are subject to strict contractual restrictions to ensure that your data is protected, and in compliance with NZ data protection legislation. We may also independently audit these service providers to ensure that they meet our standards.
- For statistical purposes to track how many individual unique users we have and how often they visit our website. We collect data listing which of our pages are most frequently visited and by which types of users and their location.
- We may use third parties to collect anonymous user information.
- Both Pasifika TV and third party advertisers will generate cookies to collect statistical data such as whether a user has seen an advertisement or particular content and if so, how long ago, how many users have seen an advertisement and how many users have seen it more than once.
- Placing cookies on your computer means we may be able to serve you adverts that you might be more interested in, and allows us to control the number of times you see them and measure how effective the ad campaign has been.
You can turn cookies off but if you do this you may not be able to use as many services on our website and you might see more pop-ups and other intrusive advertising, as we won’t be able to limit what you see using cookies. You will however still be able to view editorial content.
Pasifika TV does not condone the infringement of any laws. Any content you submit to The Site, (including but not limited to text, graphic, audio and video) must at the time of submission be yours to do with as you wish.) By contributing the said content you are declaring:
- you have the right to make the work available to Pasifika TV;
- you grant Pasifika TV a perpetual, royalty-free, non-exclusive, sub-licensable right
- and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution;
- the supplied content is not defamatory in any way, shape or form;
- and your contribution does not infringe any law.
Further to the above, by submitting the content you:
- indemnify Pasifika TV against all legal fees, damages and other expenses that may be incurred by Pasifika TV as a result of your breach of the above declaration, and;
- waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
If you do not want to grant to Pasifika TV the rights set out above, do not submit yourcontribution. By submitting the content Pasifika TV is by no means obligated to publish it.
RULES OF ENGAGEMENT
Anyone who wants to post comments by way of Feedback or Public Forum on or is to contribute in any way to the Site is to abide by the following rules. If the Site has specific rules or terms to the contributing area those specific rules or terms will apply if there is any inconsistency with the below.
About your submission/s:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive contributions, they must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No advertising.
- No spoilers: material which contains plot developments which have not yet been transmitted on New Zealand television and/or radio are not permitted and will be deleted unless submitted in a designated ‘spoilers’ area.
- No impersonation.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- Deliberate misuse of the facility is not permitted. If you persist in doing this action may be taken against your account.
You may not submit any defamatory or illegal material of any nature to the Site. This includes but is not limited to text, graphics, video, programmes or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
You agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
The views expressed in any Feedback or Public Forum areas throughout the Site are those of members of the public and are not necessarily those of Pasifika TV.
We advise that you never reveal any personal information about yourself or anyone else.
If you are under 16, please get a parent’s or guardian’s permission before contributing to the Site. Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address) in a Public Forum.
BREACH OF RULES
If you breach the Rules of Engagement (and/or any variations held within the Site) you risk your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of Pasifika TV areas in which public contributions are made.
If you post or send offensive or inappropriate content anywhere on or to the Site or otherwise engage in any disruptive behaviour on the Site, and Pasifika TV considers such behaviour to be serious and/or repeated, Pasifika TV may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s.
Pasifika TV reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
By contributing to The Site you consent to Pasifika TV making contact with you in regards to your submissions in the event that Pasifika TV considers it necessary to do so.
Posting comments is not the same thing as complaining to Pasifika TV or notifying Pasifika TV of a problem. If you see a comment/posting that you believe to be inappropriate please let us know.