Privacy/Terms of Use — SPADE FIJI | 'Forward Fiji Advance Vanua Levu' | Landmark Sustainable Development Projects in Vanua Levu, Fiji

INTERNET PRIVACY POLICY / TERMS OF USE

Welcome. We are delighted to welcome you to the introductory website about our Company's integrated development projects ('Project'), as hosted by SPADE Ltd. ('SPADE,' 'we,' 'us,' 'our'). Terms and conditions contained herein, including the information in the provisions and links below, constitute the terms upon which you may use this Website (the 'Terms of Use'). This Website is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Privacy Policy / Terms of Use. Your use of this Website constitutes your acceptance and agreement thereto. If you do not agree to the Privacy Policy and/or Terms of Use, you should not use or access this Website.

This privacy policy ('Privacy Policy') covers our treatment of personally identifiable information collected by or submitted to SPADE, including information submitted via the Internet, by telephone, mail or otherwise. We understand and respect your desire for privacy and will make reasonable efforts to use personal information in accordance with this Privacy Policy, and in order to thoroughly advise visitors to this Website pertaining to whether and how this Website collects and uses information, we have prepared this statement ('Statement') to inform you of the privacy policy that governs this Website. This Statement contains numerous general and technical details about the steps we take to respect your privacy concerns. We have organized the Statement by major processes and areas so that you can quickly refer to the information of most interest to you.

Browsing
Information We Collect and Its Uses
Sharing of Information
Use of Use-Data and other Internet-Based Information
Security
Minors
Cookies
Clear GIFS (Web Beacons)
Other Sites
Legal Issues
Privacy Policy Statement Changes

If after reviewing this Statement, you have any questions or privacy concerns please send an email to info@spadefiji.com, or mail to

SPADE Ltd.
ATTN: Internet Privacy Policy Statement
GPO Box 16373,
SUVA,
Fiji Islands.

FYI: DEFINITIONS OF SOME KEY TERMS

Collection - the act of gathering, acquiring, recording, or obtaining personal information.

Consent - voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express, implied or deemed, and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from an individual's action or inaction. Deemed consent is consent that is deemed to be given pursuant to applicable legislation or other regulations.

Disclosure - making personal information available to a third party.

Personal information - information about an identifiable individual, but does not include aggregated information that cannot be associated with a specific individual. Personal information also excludes certain information as is excluded pursuant to applicable legislation or other regulations, such as publicly available information or business contact information, as and when applicable.

Third party - an individual or organization outside SPADE.

Browsing:

This Website does not collect personally identifiable information from your computer when you browse this Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. When you request a page from our Website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request, and other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our Website function correctly and provide you the functionality that you see on this Website. We also use this information to better understand how visitors use our Website and how we can better tune it, its contents and functionality to meet your needs.

Information We Collect and Its Uses:

Generally, it is our policy not to request or collect especially sensitive personal information, such as religious preferences, racial or ethnic background or other similar forms of data. For information you submit to us, we attempt to notify you which categories of information are required and which are optional. If you do not wish to provide us information that we request, then you should not provide such information. However, please be aware that if you do not provide us with certain information that we require, then we may not be able to respond to your requests, process and consider your proposals, or provide you complete services. If you have any concerns about the nature of the information we collect, you may contact us at the above address. Please note that to the extent any portions of the following Privacy Policy are inconsistent with applicable law or regulations, or to the extent you provide your express consent for uses not specifically described below, then such laws or regulations, or your express consent, will govern our use of your personal information.

When we need to collect personally identifiable information from you to execute the requested action, provide you with a particular service, or reply to any of your enquiries or proposals, we will ask you to voluntarily supply us with the information we need. For example, if you would like to commence official communication about your company’s potential participation in, supply to, or other pertinent cooperation on any component of our integrated resort development project, we will ask you for information such as name, company, address, telephone number and email address among other helpful information to best process your request and might use it to contact you for clarification or help in preparing the requested data or our responses, if necessary. We may also use your information to provide assistance or support with respect to your use of our services or Website, to troubleshoot problems, and to resolve any issues that may arise. Further, we may use your information to improve our content, advertising or services, or to analyze trends or to customize the display or format of our marketing content or Websites. In addition, when you provide contact details for transaction requests such as scheduling a visit to Fiji and appointments, or discussing a proposal, we will use the contact information to keep you updated about new information, progress data, and significant news in the future unless you opt-out online or otherwise notify us.

From time to time, we may send you information about our services and offerings, and about certain products and services of selected third parties, in which we think you may be interested. We will not use your information or send you information if you have notified us of your preference not to have your information so used or not to receive such information, or when it is not permitted by law.

Sharing of Information:

For the purposes described above and to the extent permitted by law and regulations, we may share your personal identification information with the following categories of entities:
Third parties that perform on our behalf, or that help us manage our Website and its related services.
Our corporate affiliates and other entities that operate websites for SPADE.
In response to a request by law enforcement or other governmental personnel or court order or subpoena; if we are under a legal obligation to do so; to protect the integrity of our company if we believe that a user has committed unlawful or otherwise harmful acts; to protect our interests in connection with a legal proceeding; in emergency situations to protect health or safety; if we believe such disclosure is in your vital interest; or if we obtained your information from public sources.
On rare occasions, third parties with whom we have advertising or promotional relationships (provided that we are not otherwise restricted from making such disclosures).
In connection with any merger or consolidation with, or sale of substantially all of our assets to, an affiliated entity or third party, provided that such party agrees to comply with our Privacy Policy or you are given a choice if such party would like to use such information in a manner materially different from that disclosed in our Privacy Policy.

Use of Use-Data and other Internet-Based Information:

We use aggregated (i.e., non-personally identifiable) Use-Data for purposes of site administration and to compile information about usage of our Websites and services. We may share aggregated information (which does not contain your personally identifiable information) with third parties, such as advertisers and marketing partners.\n\nWe may combine personally identifiable information with Use-Data to help us serve you better in connection with your use of our services or Websites, and to respond to your requests for technical assistance (e.g., we may record which web browser you use in order to help respond to your questions with difficulties using our Sites).

Security:

We have taken reasonable technical and organizational measures to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect; however, no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee the security of any information you provide to us. For example, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise or guarantee, and you should not expect, that your personally identifiable information or communications with us will always remain private.

Minors:

This site is not intended for children and we do not knowingly solicit or collect personal information from children.

Cookies:

This Website uses 'cookie' technology. 'Cookies' are encrypted strings of text that a Website stores on a user's computer. This Website requires the use of a cookie to keep information you enter on multiple pages together. This cookie is a session cookie and expires when you close your browser.

Most browsers are initially set to accept cookies. You can set your browser to block cookies, or alternatively to notify you when you have received a cookie, giving you the opportunity to decide whether to accept it. You have the option to reject our cookies and still use our Sites, although doing so may adversely affect your ability to use certain functionality and access certain content on our Website.

Clear GIFs (Web Beacons):

We employ a software technology called clear GIFs (a.k.a. Web Beacons), which help us better manage content on our Site by informing us what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. In addition, we may use clear GIFs in our HTML-based emails to let us know which emails have been opened by the recipients.

Other Sites:

SPADE is only responsible for the privacy statement and content of this Website. We are not responsible for the privacy practices or the use of cookies on Websites that you have accessed this Website from and to the non-SPADE Websites that you may access from this Website.

Legal Issues:

This is a Website for a Fiji-based Project and is subject to the laws of the Republic of the Fiji Islands. SPADE will disclose personal information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to SPADE, its partners, visitors, clients, employees, suppliers, or property (including this Website), or to others. Laws related to personal identifiable information vary by country.

We may, at our sole discretion, revise this Privacy Policy at any time in a manner consistent with applicable laws and regulations. When we revise this Privacy Policy, we will incorporate the revisions into this Privacy Policy and will revise the 'last updated' date at the top of this web page. Please check this Privacy Policy periodically for the most current version of our Privacy Policy to confirm your continued agreement with its terms, which will be inferred by your continued association with us following any such modifications.

ADDITIONAL CONTACT INFORMATION

If you have any questions or comments regarding our Privacy Policy Statement, please contact us at the addresses or phone numbers listed above. If you have any other questions, requests, or comments regarding the website itself or other topics, please direct your inquiries to info@spadefiji.com.

Effective date of this policy: 28th April, 2016.

We have organized the Terms of Use by major components and areas so that you can quickly refer to the information of most interest to you.

Use of Materials
Changes in Website
Limitation of Liability and Disclaimer of Warranty
Privacy Policy
Monitoring use of the Website
No contract or offer
Indemnity
Severability and Invalidity of Terms
Questions, Comments, Complaints, or Service Issues
Termination of Access
Waiver
General Provisions

Use of Materials:

The purpose of this Website is to provide you with introductory overview information about the Project, its characteristics, its Project Site, its development plans, and other related and relevant information pertaining to the Project. This Site contains material which is protected by international copyright and trademark laws. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the 'Materials') may be copied, reproduced, republished, uploaded, posted, transmitted, displayed, performed or distributed in any way or decompiled, reverse engineered or disassembled, except that, unless otherwise specified on the Website with respect to particular materials, you may download and make one copy of the content and other downloadable items displayed on this Website for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof.

All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this Website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated, and accepts full legal responsibility to ensure their compliance thereto, and further agrees to hold SPADE harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a violation of SPADE's or its licensors' copyright, trademark and other proprietary rights and is expressly prohibited without the prior written consent of SPADE. You may not use this Website to engage in any unlawful activity or to infringe on the rights of SPADE, its affiliates, or others. SPADE shall not be liable for any errors or delays in the Materials or presentation thereof, or for any actions taken in reliance thereon. SPADE reserves all legal rights and remedies available to it.

Changes in Website:

SPADE reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Website at any time, in its discretion, without notice.

Limitation of Liability and Disclaimer of Warranty:

YOUR USE AND BROWSING OF THIS SITE AND THE MATERIALS ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS AND/OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. SPADE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. SPADE ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.\n\nNEITHER SPADE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Use of any information gathered from or about you through this Website shall be governed by these Terms of Use and SPADE’s Privacy Policy Statement provided above. SPADE may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate its Website; to protect the safety, rights, or property of SPADE, its affiliates, or users of its Website; and as otherwise permitted under our Privacy Policy.

Monitoring use of the Website:

SPADE reserves the right, without any obligation, to monitor your use of this Website, without notice. You hereby waive any expectation of privacy in such information and activity. SPADE reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to SPADE, its affiliates, or to users, or that may violate the law.

No contract or offer:

All information in this Website is based on the most updated data available to us and on the current overall development plans and projections at the time of publishing this Website, which are subject to change without restrictions or notice as the Project advances. All visual presentations and drawings are artist's renderings for information purposes and are subject to change without notice. Illustrations are artist's depictions only and may differ from completed improvements. Certain amenities may not be complete and completion is neither warranted nor guaranteed. Except for your agreement to abide by the Terms of Use and your agreement to the Privacy Policy, use of this Website does not create any contract or agreement between you and SPADE, nor any obligation of SPADE to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Indemnity:

You hereby agree to indemnify, defend and hold harmless SPADE and its affiliates, and the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of SPADE and/or its affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your acts, omissions, representations, use of this Website, your violation of the Terms of Use, or your infringement of any intellectual property or other right of SPADE, its affiliates or any person or entity.

Severability and Invalidity of Terms:

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then that term or provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms or provisions, and the invalid or unenforceable term or provision will be deemed superseded by a valid, enforceable term or provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues:

If you have any questions, comments, complaints or service issues pertaining to this Website, please contact info@spadefiji.com.

Termination of Access:

You acknowledge that SPADE may terminate your use of this Website or your access to this Website at any time, with or without cause.

Waiver:

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the Legal Department of SPADE.

General Provisions:

This Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to this Website. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this Website.

The following provisions are incorporated by reference and are part of this Terms of Use. Please review each of them carefully before using our Website:

General Disclaimers
Linking Policy
Trademark and Copyright Notices

General Disclaimers:

THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

SPADE DOES NOT WARRANT THAT THE WEBSITE'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPADE AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

NO REPRESENTATION OR WARRANTY IS MADE BY SPADE ABOUT THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SPADE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR A DELAY OR INABILITY TO USE THE WEBSITE OR WEBSITES TO WHICH THIS WEBSITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF SPADE OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME U.S. & E.U. STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE.

Linking Policy:

This Website may from time to time contain links to other Internet websites. These links are provided for your convenience only. SPADE is not responsible for the content, services, or products of or offered on websites that you may access through such links. Such links do not constitute endorsements by SPADE of such websites, their content or any products or services made available thereon, or any association with their operators. Linking to the SPADE Website, and/or framing any portions of the SPADE Website without SPADE's express written permission, is prohibited.

Trademark and Copyright Notices:

This Website contains the names and logos of SPADE and its Project, and other registered trademarks of SPADE.

It also includes "Organic Golf in Fiji," "Forward Fiji Advance Vanua Levu," and certain other trademarks of SPADE. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and may not be reproduced, copied, or otherwise used without the express prior written permission of SPADE. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

The copyright to this Website, the design and appearance of this Website, and all of the materials and content on this Website, including without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, renditions and/or floor plans (the 'Contents'), are owned or licensed by SPADE or its affiliates. Any use, reproduction, display, uploading, posting, and distribution of material from this Website (except as permitted herein) in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of SPADE is expressly prohibited.

CONFIDENTIALITY AGREEMENT, COPYRIGHT NOTICE & TERMS OF USE FOR THE INFORMATION REGARDING THE SPECIAL SALE OF FREEHOLD DEVELOPMENT LAND

The Special Freehold Development Site Sale Webpage, www.spadefiji.com/freehold (hereinafter referred to as "the Freehold Land Webpage"), is a confidential webpage intended solely for your limited use and benefit in determining whether you desire to express further interest in the acquisition of the Property.

This Freehold Land Webpage contains selected information pertaining to the Property and does not purport to be a representation of the state of affairs of the Property or the owner of the Property (the “Owner”), to be all-inclusive or to contain all or part of the information which prospective Purchasers may require to evaluate a purchase of real property. All projections, plans, opinions, estimates, and information are provided for general illustrative and reference purposes only and are based on assumptions relating to the general economy, market conditions, competition and other factors beyond the control of the Owner. Therefore, all projections, plans, opinions, estimates, assumptions and other information provided and made herein are subject to material variation. While they are prepared and issued in good faith and are based on information which are believed to be accurate, they are not intended to constitute part of, and are expressly excluded from, any contract. They are submitted subject to the possibility of errors, omissions, or change of price or other conditions without notice or liability to any party. The Owner therefore excludes unequivocally all guarantees, representations, or warranties of any kind, expressed, inferred or implied, regarding the particulars including, but not limited to, warranties of content, accuracy and reliability. Any interested party should satisfy itself on all pertinent matters by inspections or otherwise as to the correctness of each of the statements contained in these particulars.

Additional information and an opportunity to inspect the Property will be made available to interested and qualified prospective purchasers. All prices and terms quoted via any medium are, unless otherwise stated, exclusive of requisite taxes and fees, including VAT and stamp duty. Intending Purchasers take the property as they find it, and interested parties are expected to review all information pertaining to the Property independently and not rely on the contents of this Freehold Land Webpage in any manner. The depictions in the included image or photograph of any person, entity, sign, logo, or property, other than that directly associated with, belonging to, and offered by the Owner, is for illustrative purposes or incidental only, and is not intended to connote any affiliation, connection, association, sponsorship, or approval by or between that which is depicted and the Owner. All references to areas, distances, and other measurements are approximations. The Owner would like to be informed of any inaccuracies in this Freehold Land Webpage so that they may be updated or corrected.

The Owner expressly reserves the right, at its sole discretion, to reject any or all expressions of interest or offers to purchase the Property, and/or to terminate discussions with any entity at any time with or without notice which may arise as a result of review of this Freehold Land Webpage, and to modify any plans, projections, opinions, assumptions, or terms of the sale process, without any obligation or liability to any party. The Owner shall have no legal commitment or obligation to any entity reviewing this Freehold Land Webpage or making an offer to purchase the Property unless and until written agreement(s) for the purchase of the Property have been fully executed, delivered and approved by the Owner and any conditions to the Owner’s obligations therein have been satisfied or waived.

By entering and reviewing this Freehold Land Webpage, you agree that this Freehold Land Webpage and its contents are of a confidential nature, that you will hold and treat it in the strictest confidence and that you will not disclose this Freehold Land Webpage or any of its contents to any other entity without the prior written authorization of the Owner. You also agree that you will not use this Freehold Land Webpage or any of its contents in any manner detrimental to the interest of the Owner.

This Freehold Land Webpage contains copyrighted and/or legally privileged intellectual property. Any unauthorized dissemination, transmission, reproduction, or use of this publication, in any form or by any means, either in whole or in part, without the prior written consent of the Owner is expressly prohibited.