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Terms of Service

PNEA offers online services to assist environmental assessment practitioners. PNEA provides a Website as well as the Talanoa online forum capabilities (Service) to facilitate discussion within a community of Pacific practitioners involved in environmental assessment activities.

These Terms of Use govern the way you use the PNEA website and Talanoa discussion forums.

By accessing or using the PNEA website or Talanoa discussion forums, you agree to be bound by these Terms of Use.

You should read these Terms of Service carefully and in conjunction with our Privacy Policy. These Terms of Service affect your legal rights, obligations and benefits of using the Service or Website. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service or Website.

Any failure by PNEA to enforce any of these Terms of Service shall not impact on our right to require performance by you at a later time, nor shall the waiver by us of any breach of the Terms of Service be taken as a waiver of the clause or clauses itself.

1. Registration

As part of the registration process, you will choose a username and password. In doing so, you must provide PNEA with updated, accurate and complete registration information. Failing to do so will result in a breach of these Terms of Service. You must not:

  1. Use the name of another person without his or her permission;

  2. Use the name of another person with the intent of impersonating that person; or

  3. Use a name offensive to a reasonable person.

Any fraudulent, abusive or otherwise illegal activity may be grounds for the immediate termination of your Service at the sole discretion of PNEA. Conduct of this nature may be referred to the appropriate law enforcement agencies.

2. User

All people registered with the Website are Users, and agree to be bound by these Terms of Service.

The acceptance of the contract, being these Terms of Service, by checking the box during the registration process is to be treated the same as a handwritten signature.

Users must create a username and password allowing them to access the Service. You will be limited in the way you use the Service in accordance with the permissions granted to you as published on the Website and Service.

3. Terminating Users

Users may terminate their registration at any time.

PNEA reserves the right to modify, terminate or suspend the Service provided to you, or access to your Service, including for any actual or suspected breaches of the Terms of Service. If PNEA terminates or suspends your access to the Service, any content or materials uploaded to the Website will no longer be accessible by you, but that content and/or material may still exist and appear within the Website or Talanoa forums.

PNEA retains the right, but does not have the obligation, to remove or delete the content and/or material in their sole discretion of any User whose access to the Service has been terminated or suspended either by PNEA, or by the individual themselves.

Upon termination or suspension of your Service, all rights granted to you in these Terms of Service will immediately cease.

PNEA reserves the right to discontinue the Service offered at any stage and for any reason.

4. User Obligations

You agree to comply with all laws applicable to you.

5. User Content

PNEA accepts no responsibility for content created by you. You are responsible for all content on your own account. You agree that you will not create, upload or post any unlawful material, nor will you defame, harass, bully, threaten, intimidate or impersonate any person or entity.

PNEA reserves the right to remove any material from the Website or Talanoa forums that, in its sole and absolute discretion, breaches these Terms of Service, is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances.

You agree that you will only provide content and upload images, audio and video that belong to you, or if you have obtained all necessary permissions and consents.

6. Reporting

You have the right to report material you deem offensive, defamatory, fraudulent or otherwise inappropriate to us. PNEA reserves the right, but has no obligation, to remove reported material from its Website at its sole and absolute discretion.

The vexatious, inappropriate or otherwise unreasonable reporting of the material of other users is a breach of these Terms of Service and may lead to PNEA exercising its discretion to modify, terminate or suspend your Service.

7. Intellectual Property Rights

You acknowledge that your use of the Service or Website does not result in the transfer to you of any intellectual property rights subsisting in the Service or Website.

By submitting User content to the Website or Talanoa forums, you represent that you have the right to do so, and that you have obtained any third party consents where required. As such, you should not reproduce or upload any material without the permission of the owner and/or right holder.

8. Reading down

If any provision of these Terms of Service or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then so far as possible, that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or part of it will be taken to be void and severable and the remaining provisions of these Terms of Use will not be affected or impaired in any way, unless severance alters their basic nature, or is contrary to public policy.

9. Entire understanding

These Terms of Service constitute the entire agreement between you and PNEA and sets out a full statement of the contractual rights and liabilities of the parties in relation to the Service.

10. Amendment

PNEA may, in its sole discretion, change these Terms of Service from time to time. You agree that we may notify you of any updated Terms of Service by posting them on the Website or sending them to you by email. Your continued use of the Service after the effective date of the updated Terms of Service constitutes your agreement to those terms.